Telangana HC reserves order on KCR’s plea to stay inquiry

The Telangana High Court on Friday reserved its orders on maintainability of a writ petition filed by former Chief Minister K. Chandrasekhar Rao, seeking a stay on further proceedings of Justice L. Narasimha Reddy Commission to investigate the power purchase agreement with Chhattisgarh and the construction of the Bhadradri and Yadadri Thermal Power Plants during the BRS government.

A division bench, comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, reserved the orders after hearing the arguments of Advocate General A. Sudharshan Reddy.

The Bharat Rashtra Samithi (BRS) chief has sought to strike down the Government Order constituting a one-man Commission headed by a former judge of the High Court.

The court, which heard the arguments of KCR’s counsel on Thursday, took up further hearing in the case on Friday.

The Advocate General dismissed the contention of the petitioner’s counsel that the Commission acted unilaterally.

Earlier, the High Court Registry had declined to allot a number to the petition, raising objection over impleading the retired High Court judge in a personal capacity.

KCR’s counsel Aditya Sondhi had argued that it was necessary to name Justice Narasimha Reddy as a respondent. He contended that Justice Reddy held a press conference and concluded that the previous government committed irregularities causing a loss of Rs 250 crore to Rs 300 crore to the state exchequer without giving KCR the opportunity to present his contentions before the Commission.

Sondhi argued that Justice Reddy holding a press conference was inappropriate as the Commission’s sole duty was to submit the report to the government.

The High Court overruled the Registry's objections and directed it to allot a number to the petition. The bench later heard whether KCR's petition should be admitted.

KCR's counsel also argued that the order constituting the Enquiry Commission was without jurisdiction since the terms of reference were under adjudication by both the Telangana and Chhattisgarh State Electricity Regulatory Commissions. He submitted to the court that the Commission of Inquiry, as constituted under the Act, lacks jurisdiction to make findings on matters already adjudicated by a quasi-judicial authority.

The court was told that the Commission had issued notice to KCR seeking details relating to power purchase agreements and construction of power plants. Since he was busy campaigning in the Lok Sabha elections, he sought more time to respond. Even before he could submit his reply, Justice Narasimha Reddy held a press conference on June 15 to say that there were irregularities in power purchase agreements and the construction of power plants.