In what can be an embarrassment to the Revanth Reddy government in Telangana, the Supreme Court on Tuesday ordered change of judge heading the commission of enquiry, probing the alleged irregularities in the power sector during the previous K Chandrasekhar Rao government.
A division bench of the Supreme Court headed by chief justice of India D Y Chandrachud heard a special leave petition filed by KCR challenging the state high court orders refusing to stall the ongoing judicial probe by retired high court chief justice L Narasimha Reddy into the alleged irregularities in the power sector during his regime.
In his petition, KCR questioned the constitution of the Justice L Narasimha Reddy Commission to investigate into the alleged irregularities in the purchase of 1,000 MW of power from Chhattisgarh and also the construction of the Bhadradri and Yadadri Thermal Power Plants during the previous regime.
KCR alleged that the proceeding initiated by the Commission suffers from bias and the issue pending before it has already been pre-judged by Justice Reddy, who held a press conference and made allegations against the previous government.
Without going into the merits of the case, the CJI agreed with the contention of KCR that Justice Narasimha Reddy had exceeded his brief by holding a press conference and told the reporters that there were irregularities in the power deals.
Justice Chandrachud wondered how, Justice Narasimha Reddy, being a retired judge and heading the judicial commission, could address a press conference.
He ordered that Justice Reddy is not fit to conduct the probe anymore and asked the government to appoint a fresh judge for the judicial commission.
The counsel for the Telangana government had no option but to agree for the change of judge to probe the alleged irregularities in the power purchase deals and inform the name by evening.
On July 1, the Telangana high court dismissed KCR’s petition seeking to stall the ongoing judicial probe into the alleged irregularities in power sector during his regime.
The former chief minister argued that the order issued by the Congress government on March 14, constituting the judicial commission was ultra vires the provisions of the Commissions of Inquiry Act, 1952 and Electricity Act-2003.
“The commission has no jurisdiction as the terms of reference were subject matter of adjudication before both Telangana and Chhattisgarh State Electricity Regulatory Commissions,” he said.
The high court bench, however, rejected the argument of KCR that the Commission’s observations were pre-judged.
It also refused to buy his argument that the judicial commission had no jurisdiction to inquire into the power purchase agreement or the construction of the power projects.