Metro India News | Hyderabad 

The Telangana High Court on Friday directed the State government to withdraw the 60-page excerpt of the Justice P.C. Ghose Commission report on the Kaleshwaram Lift Irrigation Project that was made public prior to its tabling in the Assembly, calling the move by the Chief Minister and the government “overzealous and inappropriate.”

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, while hearing two writ petitions filed by BRS president and former chief minister K. Chandrashekar Rao and former Irrigation Minister T. Harish Rao, took strong exception to the manner in which the report was publicised.

The court observed that the propriety of the Chief Minister holding a press conference and releasing portions of the report before it was formally tabled in the Legislature was questionable.

The Bench ordered that the 60-page excerpt be immediately removed from all public domains. The petitioners had sought suspension of the report, contending that its findings touched upon their conduct and reputation and could be used to initiate action against them. However, the Chief Justice’s Bench declined to grant any stay or suspension of the report.

In its interim order, the Court recorded the submission of Telangana Advocate General A. Sudershan Reddy that the State government would place the complete report before the Legislative Assembly for discussion, and that action, if any, would only be taken following the debate.

Dismissing the fears raised by the petitioners, the Bench observed:

“The apprehension of the petitioners that action would be taken against them on the basis of the findings of the report allegedly touching upon their conduct and reputation is misplaced. Hence, no further interim directions are required to be passed.”

The division bench also noted that the Commission of Inquiry, headed by former Supreme Court judge Justice Pinaki Chandra Ghose, had committed a serious lapse by making allegations against the petitioners without issuing prior notices under Sections 8B and 9C of the Commissions of Inquiry Act, 1952. These provisions mandate that individuals whose conduct is under scrutiny be given an opportunity to present their case before adverse findings are made.

The court directed the State government to file a detailed counter-affidavit within four weeks addressing these concerns, while the petitioners have been given one week thereafter to submit their replies.

The writ petitions were filed by K. Chandrashekar Rao and T. Harish Rao, challenging the findings of the Ghose Commission that probed alleged irregularities and failures in the construction of the Kaleshwaram project. The matter is set to come up for further hearing after the completion of pleadings.