The Supreme Court on July 16 directed the Telangana Government to substitute retired Patna High Court Chief Justice L. Narasimha Reddy as the one-man Commission of Inquiry (CoI) examining alleged irregularities in the power sector during the tenure of former Chief Minister K. Chandrasekhar Rao.
A Bench of Chief Justice of India D.Y. Chandrachud passed the direction after Justice Reddy decided not to continue as the CoI and bowed out.
The Supreme Court directed the State Government, represented by senior advocate A.M. Singhvi and Siddharth Luthra, to issue a notification substituting Justice Reddy for another as the CoI. Justice Reddy and the CoI was represented by senior advocate Gopal Sankaranarayan.
The order came in an appeal filed by the Bharat Rashtra Samithi (BRS) supremo alleging bias against Justice Reddy. He said the current Congress Government in the State had constituted the CoI as a “pure case of political vendetta”.
Senior advocate Mukul Rohatgi challenged a March 14, 2024 notification issued by the State Government terming the CoI as a “judicial enquiry”.
“‘Judicial enquiry’ has a completely different connotation,” Mr. Rohatgi submitted.
The senior lawyer took offence to a press conference held by Justice Reddy on an ongoing inquiry and the remarks he had made at the event.
Mr. Singhvi countered that an “erroneous approach did not mean bias”. Mr. Singhvi said Justice Reddy, on the contrary, had been “too transparent”.
Mr. Singhvi further clarified that the term ‘judicial enquiry’ was used in the March 14 notification only in reference to Justice Reddy’s status as a former judge.
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Chief Justice Chandrachud, however, took exception to the fact that a press meet was held by Justice Reddy on an ongoing and confidential inquiry.
“There are observations in the press note which seems he has expressed an opinion on merits… At that stage, he could not have held a press conference… He has crossed the bar by expressing his opinion… We are giving you an opportunity to replace the Commission. Justice must be seen to be done. He has expressed his views on merits,” Chief Justice Chandrachud addressed Mr. Singhvi before the court broke for lunch.
Mr. Sankaranarayan, after the court assembled post lunch, informed the court that Justice Reddy wanted to relinquish his task as the CoI.
The appeal filed by Mr. Rao challenged a Telangana High Court decision to intervene against the CoI. Mr. Rao had questioned the propriety of forming a CoI by the successor government to look into purchase of power from Chhattisgarh at the time of crisis, and the construction of the Bhadradri Thermal Power Plant at Manuguru and the Yadadri Thermal Plant at Damarcherla by the Telangana State Power Generation Corporation Limited.
The BRS led by Mr. Rao was defeated by the Congress in the Assembly election of 2023.
Published - July 16, 2024 05:02 pm IST
