Judge recuses from Girish murder case

Last Updated 15 September 2010, 18:41 IST

The court was hearing the appeal challenging the decision of the lower court convicting Shubha, the fiancee of Girish of murdering him.

Trouble has been brewing ever since a leaflet was circulated in the High Court on Sept 8, questioning the bench’s decision to conduct regular hearings of Shubha’s case, when there were older appeals pending before the same court. Subsequently, a letter was apparently sent to Chief Justice J S Khehar, making similar allegations.

Though the government counsel, after this episode, submitted an affidavit affirming faith in the bench, Justice Rao recused from the case by describing the distribution of pamphlet and letter addressed to the Chief Justice as “the handiwork of some of the insiders in the justice administration system whose motive was only to slur my image.”

Pointing out that this case attracted media glare, he said that the benefit of early hearing given to Shubha case was not a solitary incident, but was decided after the consent of both the parties.

Mentioning that he is neither pained nor daunted by the mischievous act done by faceless people projecting as public spirited persons, he said that the scurrilous campaign carried out by handful of busy bodies cannot be considered as public opinion.

He said, “I am really disturbed by the fact that the mischievous acts of this nature would seriously threaten the independence of the judiciary, this type of sordid acts, can threaten and disable a judge or avoid bench to achieve the personal ends.”

 He said that another letter also addressed to Chief Justice making similar scurrilous allegations by one Ajay Pandey, convener, Karnataka National Litigation Bench, with an address in the city revealed that the mischief is the handiwork of some of the insiders in the Justice administration.

Mentioning that the observation was his personal opinion and the co-Judge in the bench Justice B V Pinto was not a party, he has expressed his wish to be relieved from the case for personal reasons.

 Justice Rao directed the registry to place the matter before the Chief Justice for placing the matter before an appropriate bench.

Notices to BBMP, BDA

 The Karnataka High Court has ordered notices to the State government, Bruhat Bangalore Mahanagara Palike, Bangalore Development Authority and Vidyamandir Trust over a petition challenging construction of a school building at 6th cross Malleswaram.
The petitioners Malathi Rau and 44 others have challenged the construction of the school and hostel building at Malleswaram as well as the sanction of the plan to construct it.
The petitioners had stated that by permitting the building, the respondents have violated the Outer Development Plan/Comprehensive Development Plan (ODP/CDP), and the provisions of the Karnataka Town and Country Planning Act, 1961 as the place has been designated as safe walk zone and is purely declared as residential zone.

Pointing out that the school has another building on the same road and is causing disturbance to the residents as it is rented for various activities from morning till evening, the petitioners have sought to quash the construction permission and stay the construction activity.

The division bench comprising Justice J S Khehar and Justice Manjula Chellur has ordered notice.

Telgi to be sentenced today

The Special Court hearing the Telgi case on Wednesday postponed the pronouncement of the sentence to Thursday.

During the hearing, the prosecution urged the court not to impose the concurrent punishment on Telgi and 16 others convicted for offences under Section 256 and 259 of the IPC. The court has not found any evidence to invoke the provisions of the Karnataka Control of Organised Crime Act, Karnataka Stamp Act and the Prevention of Corruption Act.

The judge Patil once again directed the Deputy Inspector General of Prisons to produce details of cases in which the accused have been convicted earlier. Following the directions issued on Tuesday, the prison official had only produced details with regard to Telgi. The hearing on the sentence will continue on Thursday.

During the hearing conducted through video conferencing from the Bangalore Central Prison on Wednesday, Telgi and 16 others pleaded for lenience in punishment. Telgi said he was suffering from various diseases and had to undergo kidney operation. He told the court that his wife was on death bed and he did not have money to pay fine.

(Published 15 September 2010, 15:44 IST)

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