The Hindu : Karnataka News : Tanveer's associates challenge detention

Online edition of India's National Newspaper
Tuesday, Feb 08, 2005

Karnataka

Karnataka

Tanveer's associates challenge detention

By Our Staff Reporter

BANGALORE, FEB. 7. The Karnataka High Court has directed the Inspector-General of Prisons to file before it a report on the detention of two associates of Tanveer, whom the police claim is an anti-social.

In their petition, Sajjad (27) and Shakhir (25) said they were arrested by the High Grounds police on May 8, 2004 along with Tanveer near Palace Grounds and a criminal case was registered against them.

They said they were remanded in judicial custody till May 31, 2004. They were not produced before the court after that date for extension of remand. Therefore, their remand was illegal and unconstitutional.

They urged the court to call for the records and direct the police to release them.

A Division Bench comprising Justice A.M. Farooq and Justice B.S. Patil directed the prison authorities to produce the files relating to the arrest of Sajjad and Shakhir and adjourned further hearing on the petition.

Direction

The court on Monday observed that tahsildars have no powers to overrule the grant of land by the Land Grant Committee and directed the tahsildar of Bangalore North to pass orders as per the committee's directions in granting land to two villagers of Mattasandra in Hoskote taluk, Bangalore Rural district.

A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice B. Padmaraj, had on January 31 directed the tahsildar to be personally present in the court today following two contempt petitions filed against him. Manjunatha and Thimmaraya, both of Mattasandra village, had unauthorisedly cultivated Government lands. They had applied to the Land Grant Committee for regularisation of the lands.

Though the committee decided to regularise the lands, the tahsildar, who is its member-secretary, refused to ratify the committee's decision and sign the Saguvalli chit (regularisation note).

The villagers approached the court which directed the tahsildar to grant the Saguvalli chit in accordance with the law. A contempt case was initiated when the tahsildar refused to obey the court direction.

When the matter came up, the Advocate-General said the lands could not be granted as they formed part of a tank bed. The tahsildar was not only the secretary of the committee but also the representative of the Government in the taluk. The Bench did not accept the Advocate-General's argument. It said the tahsildar could not sit in judgment of the committee's decision. In this case, the tahsildar had not only disobeyed the committee order but also the order of a single judge.

Refraining from passing any order punishing him for contempt of court, the Bench directed him to pass within two weeks an order in the light of the single-judge's order and the committee's direction.

Illegal

Justice R. Gururajan held as illegal and unconstitutional the lockout by Indian Aluminium Company (Indal), Belgaum, and directed it to pay back wages to the workmen affiliated to the Pot Room Workers' Union.

The union had challenged the Hubli Industrial Tribunal's decision in holding that Indal was justified in declaring a lockout on April 29, 1980 and that the workmen were not eligible for back wages during the lockout period.

Mr. Justice Gururajan directed Indal to pay the petitioners within eight weeks 50 per cent back wages from April 29, 1980 to July 15, 1980 and full wages from July 15, 1980 to August 4, 1980. He said Indal would have to pay 10 per cent interest if it delayed the payment.

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