Kaleshwaram report: High Court refuses to pass interim orders on KCR’s petition

Hyderabad: The Telangana High Court, on Friday, refused to pass any interim orders on the petitions filed by former Chief Minister K. Chandrasekhar Rao and former Irrigation Minister T. Harish Rao seeking to quash the report of P.C. Ghose, which inquired into the allegations of irregularities in execution of Kaleshwaram project.

With the state government making it clear that that no action would be taken against the petitioners before tabling and discussing the Commission’s report on the floor of the Assembly, the High Court bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin said there is no need for any interim directions.

Bharat Rashtra Samithi (BRS) President K. Chandrasekhar Rao (KCR) and his former Cabinet colleague Harish Rao, both of whom were indicted in the Commission’s report, filed separate writ petitions seeking directions to quash and set aside the report.

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The High Court adjourned the hearing for five weeks after directing the Chief Secretary K. Ramakrishna Rao and the Irrigation and Command Area Development Secretary, Patil Prashant Jeevan, to file detailed counter-affidavits in response to points raised by the petitioners within four weeks.

The petitioners were given one week thereafter to file their reply, if any.

The High Court heard the arguments from both sides for two days.

The Chief Justice once again on Friday sought clarification from the state government whether it would initiate any action against the petitioners based on the report.

Advocate General A. Sudarshan Reddy submitted that the state government would prefer to act upon the report only after placing it on the floor of Assembly and after a thorough debate on it.

The court noted the objections raised by the petitioners over alleged publication of contents of the report and its alleged availability on the official website of the state government.

It observed that when the state government had decided to place before the Assembly for discussion, the report or its summary should not have been uploaded on its official website.

The bench directed that in case the report has been uploaded on any official website of the government, it should be taken down.

The petitioners contended that the very constitution of the Commission should be declared arbitrary and illegal as it was made against the provisions of the Commissions of Inquiry Act.

According to them, the Commission made the findings regarding their conduct and reputation without following the prescription of law under 8B and 8C of the Commissions of Inquiry Act, and violated the principles of natural justice.

The petitioners argued that the Commission’s report was invalid, prejudicial, scurrilous and defamatory against them.

Headed by former judge of the Supreme Court Pinaki Chandra Ghose, the one-man commission submitted its report to the Telangana government on July 31.

The Commission was constituted on March 14, 2024, to probe the alleged irregularities in planning, design, construction, quality control, operation and maintenance of Medigadda, Annaram and Sundilla Barrages of the Kaleshwaram project constructed during the term of previous BRS government.

According to the summary prepared by a panel of officials after a study of the report, the Commission held KCR directly and vicariously accountable for irregularities in planning, execution, completion, operation and maintenance of the Kaleshwaram project.