The Hindu : Karnataka News : Prosecutor's appointment in murder case stayed

Online edition of India's National Newspaper
Friday, Jan 07, 2005

Karnataka

Karnataka

Prosecutor's appointment in murder case stayed

By Our Staff Reporter

BANGALORE, JAN. 6. The High Court of Karnataka has stayed the appointment of a Special Public Prosecutor in the Gownpalli double murder case in Kolar district in which the Srinivasapura MLA and Congress leader, Ramesh Kumar, and his brother, Krishnamurthy, are accused.

The petitioner, K.V. Shiva Reddy, had challenged the appointment of H.M. Thimmarayappa as the Special Public Prosecutor to handle the case relating to the murder of Shamshankar and Kadirappa.

The case was being heard in the court of Srinivasapura Junior Magistrate First Class.

The Government had terminated the services of Mr. Thimmarayappa as the Special Public Prosecutor. Shamshankar's wife filed a writ petition challenging the termination.

The High Court allowed the petition and the State Government reappointed Mr. Thimmarayappa as Special Public Prosecutor.

When the matter came up today, Mr. Shiva Reddy said Mr. Thimmarayappa could not be appointed as Special Public Prosecutor as he was a private prosecutor. Besides, the Government in its notification appointing Mr. Thimmarayappa said Shamshankar's wife would pay the salary of the Special Public Prosecutor.

In his counter, Mr. Thimmarayappa said Shamshankar's wife had no confidence in the Government. He also alleged that the Government had misled the court.

Justice N. Kumar on Wednesday stayed the appointment of Mr. Thimmarayappa as Special Public Prosecutor and adjourned further hearing on the matter.

Notice

Justice K. Ramanna on Thursday ordered issue of notices to Niranjan Kumar, a builder of Bangalore, and son-in-law of the former Union Minister, Vijay Naval Patil.

In 2004, the Sanjayanagar police had arrested Niranjan Kumar on charges of murdering his wife, Keerthi, the daughter of Mr. Patil, former Union Minister and member of Parliament from Maharashtra.

Keerthi had been declared dead on arrival at the M.S. Ramaiah Hospital on April 3.

On July 1, the Corps of Detectives, which had been asked to investigate the case, chargesheeted Niranjan Kumar and said he murdered Keerthi following dowry harassment.

A trial court had granted Niranjan Kumar bail.

The State appealed against the lower court order.

When the matter came up today, the State said the trial court had erred in letting out Niranjan Kumar on bail.

It urged the court to set aside the trial court order.

Mr. Justice Ramanna ordered issue of notices to Niranjan Kumar and directed him to file objections.

Dismissed

A Division Bench comprising Justice S.R. Nayak and Justice Ajit Gunjal allowed an appeal by the State Government and set aside the order of the Karnataka Administrative Tribunal (KAT) in allowing the presiding officer of a district consumer forum to claim medical reimbursement.

The State Government said that P. Seetharamaiah, a retired district judge, had been appointed as the Presiding Officer of the Kolar District Consumer Forum.

Mr. Seetharamaiah underwent angioplasty at Jayadeva Hospital in Bangalore and sent a bill of Rs. 80,000 to the Government for medical reimbursement.

The Government said he was not eligible for medical reimbursement as he was not a Government servant.

Besides, he had been reappointed after his retirement. Mr. Seetharamaiah filed an application in the KAT which allowed his application and directed the Government to reimburse the amount.

The Government appealed against the KAT order.

When the matter came up today, the Government said the KAT had erred in ordering the reimbursement as Mr. Seetharamaiah was not a Government servant.

Besides, the KAT had no power to hear applications of district judges.

The Bench allowed the appeal and set aside the KAT order.

Printer friendly page
Send this article to Friends by E-Mail

Karnataka