The Hindu : Kerala News : Petition against ban on lotteries adjourned

Online edition of India's National Newspaper
Saturday, Jan 29, 2005

Kerala

Kerala

Petition against ban on lotteries adjourned

By Our Staff Reporter

KOCHI, JAN. 28. The Kerala High Court today adjourned to February 1 for further hearing the writ petition banning sale of all lotteries in the State.

When the petition came up before Justice K. M. Joseph, the Additional Advocate General, Rajan Joseph, sought to dismiss the petition.

He submitted that the Supreme Court had upheld similar ban orders issued by the Tamil Nadu and Karnataka Governments. The Supreme Court order was still binding in this present case as well. The Supreme Court in its ruling in the B. R. Enterprises cases had made it clear that the State Government had the power to ban sale of lotteries if it did not conduct its own lotteries. The Supreme Court had also observed that the organisation of lotteries amounted to gambling. Therefore, the contention of the petitioner that the ban order violated their rights under Article 19(1)(g) did not stand judicial scrutiny.

The petitioner, Purushothama Bharathi, president, Kerala Lottery Agents Association, had contended the decision had been taken without considering the real issues involved in the matter. In fact, about 35,000 persons had been designated as recognised agents of State lotteries. Most of them were physically-handicapped and widows and were living off the income from the sale of the lotteries. It was due to the lack of proper supervision from lottery directorate officials that resulted in the Government losing revenue from the sale of other State lotteries and operation of online lotteries.

Sexual harassment

A writ petition was filed before the High Court seeking a clarification on a legal question whether the magistrate who had not seen the demeanours of witnesses and accused could pronounce a judgement in a sexual harassment case. The petition was filed by the Kerala Sthreevedi.

The petitioner sought a strict implementation of the Supreme Court judgement relating to sexual harassment in work places.

The petition also sought to transfer the sexual harassment case filed by the IAS officer, Nalini Netto, to the additional sessions judge who had earlier conducted the trial in the case.

The High Court had earlier directed the magistrate court II to hear the evidence of a defence witness.

Tsunami

The Latin Catholic Aikyavedi has approached the court seeking a direction to the State and Central Governments to set up a committee of experts in the field of hydrology, marine biology, coastal planning and managements to make suggestions on scientific preventive measures against further tsunamis. The petition also sought a direction to the State Government to furnish statements on the money received towards the relief fund from individuals and other organisations.

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