Kaleshwaram case: Telangana HC bars state govt from taking action against KCR, Harish

Hyderabad, Sep 2 (IANS) In an interim relief to former Telangana Chief Minister K. Chandrasekhar Rao and former irrigation minister T. Harish Rao, the Telangana High Court on Tuesday restrained the state government from taking any action against them till further orders in the case relating to alleged irregularities in the Kaleshwaram Lift Irrigation Project based on the Ghose Commission's report.

The court restrained the government from taking the action while adjourning the hearing till October 7.

The bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin directed the government not to take action against the petitioners based on the report of the P.C. Ghose Commission, which probed the alleged irregularities in the construction of the project during Bharat Rashtra Samithi (BRS) rule.

The State government on Monday decided to recommend a Central Bureau of Investigation (CBI) probe into the case.

Chief Minister A. Revanth Reddy had announced this in the Assembly in the early hours of Monday after a marathon debate on the Ghose Commission report.

K. Chandrasekhar Rao (KCR) and Harish Rao, who had last month filed the petitions seeking orders to quash the report of the Ghose Commission, pressed for an early hearing in view of the government's decision.

Supreme Court senior counsels Aryama Sundaram and Seshadri Naidu, appearing for Harish Rao and KCR respectively, sought directions to the government not to take any coercive steps against the petitioners.

Advocate General A. Sudarshan Reddy submitted to the bench that the government has ordered the CBI probe based on the report of the National Dam Safety Authority (NDSA). He clarified that there is no link between the Ghose Commission and the CBI report.

The Advocate General held that the petitions of KCR and Harish Rao were not maintainable.

After hearing the arguments from both sides, the Court restrained the government from taking any action against the petitioners based on the Ghose Commission report and adjourned the hearing till October 7.

During the hearing on August 22, the State government had told the court 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 had adjourned the hearing for five weeks after directing the Chief Secretary and the Irrigation and Command Area Development Secretary 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 petitioners contended that the very constitution of the Commission should be declared arbitrary and illegal, as it was made against the provisions of the Commission 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 Commission 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.

The Commission held KCR directly and vicariously accountable for irregularities in planning, execution, completion, operation and maintenance of the Kaleshwaram project. It also indicted Harish Rao.

--IANS

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