New Delhi: The Supreme Court is scheduled to hear on July 15 a plea of BRS supremo K Chandrasekhar Rao challenging a Telangana High Court order dismissing his plea to declare as ‘illegal’ the constitution of a commission to inquire into the alleged irregularities in the power sector during his tenure as the state’s chief minister.
The plea is listed to be heard by a bench of Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra.
In his petition, Rao has sought to declare as “illegal” the Telangana government’s order constituting the Commission of Inquiry to conduct a judicial inquiry into the correctness and propriety of the decisions taken by his government on procurement of power from Chhattisgarh by Telangana power distribution companies and construction of the Bhadradri Thermal Power Plant at Manuguru and the Yadadri Thermal Plant at Damarcherla by TSGENCO.
TSGENCO is the abbreviation of the Telangana State Power Generation Corporation Limited.
The Bharat Rashtra Samithi (BRS) led by K Chandrasekhar Rao, popularly known as KCR, lost the 2023 Telangana assembly to the Congress.
In his plea against the July 1 high court order, he alleged bias and also sought the continuation of Justice (retd) L Narasimha Reddy as the head of the commission to be declared as “illegal”.
The high court in its 22-page order said the material produced before the court by Rao does not contain any material to indicate that “respondent No.3 (Reddy)” has pre-judged the issues pending before him.
The commission is required to record the findings on the basis of material produced before it, it had said.
The high court had said it cannot also lose sight of the fact that the respondent held the constitutional office of chief justice and has worked as a constitutional functionary.
“The allegation of bias against respondent No.3 is solely based on the statement reportedly made in a press conference and no other material has been produced to show that the proceeding before respondent No.3 is vitiated on account of personal bias,” it had said.
“The allegation of bias cannot be inferred but has to be established. In the facts and circumstances of the case, we hold that the petitioner has failed to prove the plea of bias against respondent No.3. Therefore, the proceeding before respondent No.3 is not vitiated on the ground of bias,” it had said.
Rao had also dubbed as arbitrary the issuance of a letter directing him to appear before the commission to produce evidence against the witnesses.
Responding to the letter issued to him and on a media interaction held by Justice (retd) Reddy, Rao on June 15 alleged that the panel chairman’s functioning has not been fair.
In a 12-page open letter, Rao said Reddy who is heading the commission should step down from his post.
In the letter addressed to Reddy, KCR elaborately highlighted the measures taken by his previous regime to address the alleged crisis in the power sector that existed in Telangana before June 2014 when his government assumed office with the formation of the state — carved out of Andhra Pradesh.
Saying that his government has succeeded in supplying 24×7 power to all sectors in the state, Rao alleged that the present Congress regime had ordered the commission of inquiry “with a clear political motive and to discredit the earlier government”.
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