Telangana says HC relief to KCR in Kaleshwaram case no clean chit, may move SC

The Telangana government is likely to challenge the High Court order in the Supreme Court, with the state Cabinet expected to take a final decision on the matter on Thursday, April 23.

Hyderabad: The Telangana government on Wednesday, April 22, said the High Court’s verdict on the Justice PC Ghose Commission report on the Kaleshwaram Lift Irrigation Project (KLIP) does not amount to a clean chit for those responsible for irregularities, and asserted that the Central Bureau of Investigation (CBI) inquiry into the project remains on track.

The government’s response came after the Telangana High Court directed that no action be taken against Bharat Rashtra Samithi (BRS) chief K Chandrasekhar Rao and three others on the basis of findings of the PC Ghose Commission, which probed the alleged irregularities in the execution of the Kaleshwaram irrigation project.

D Chandra Bhaskar Rao, Public Relations Officer (PRO) to the Minister for Irrigation and Command Area Development (CAD), Civil Supplies, in a statement said, “The High Court did not find fault with the constitution of the judicial commission. It fully upheld the appointment of the commission.” 

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Delivering its orders on a batch of petitions filed by KCR, former minister T Harish Rao and others, a division bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin said on Wednesday that the constitution of the commission is neither arbitrary, illegal nor ultra vires of the Constitution.

Inquiry commission valid: Telangana government

The state government said that the inquiry commission constituted through government orders (GO) was valid under Section 3 of the Commissions of Inquiry Act, 1952.

The relief granted to the petitioners was limited in scope, it maintained. The High Court raised objections to certain findings made against individuals on the ground that notices were not issued to them in the prescribed format, and directed that no action be taken against those individuals solely on the basis of the commission’s report. 

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The government described this as “purely a procedural and technical matter” under Section 8B of the Act.

CBI probe to go on 

The Telangana government had already written to the CBI seeking a probe into the project’s failures before the verdict, and had on September 1 last year issued a GO formally handing over the investigation to the agency. Wednesday’s verdict, it said, does not affect those proceedings.

The Medigadda barrage – one of three barrages central to the project – suffered a dramatic structural failure on October 21, 2023, when its seventh block sank. The government noted that for two consecutive years, not a drop of water has been lifted from any of the three barrages, while the state continues to service debt obligations of Rs 15,000 crore to Rs 20,000 crore annually on account of the project.

“Multiple investigative bodies have indicted the project. The National Dam Safety Authority (NDSA), under the Union government, submitted a preliminary report during the BRS regime itself flagging flaws in site selection, design, construction and maintenance. The state government’s own Vigilance Commission echoed those findings,” the government said. 

The Ghose Commission, after examining engineers, IAS officers and administrative officials, submitted a detailed 640-page report. All three reports were tabled in the state Assembly in August.

Justice PC Ghose Commission report

The commission, headed by retired Supreme Court judge Justice PC Ghose, which had probed the alleged irregularities in the construction of the Kaleshwaram Lift Irrigation Project during the BRS rule, had earlier submitted its report to the government.

The report was tabled in the state assembly in August last year and after a discussion, Chief Minister A Revanth Reddy had announced the government’s decision to hand over the investigation to CBI.

In its report, the commission held KCR accountable for alleged irregularities in the project’s construction and other aspects. The report also found fault with Harish Rao, nephew of KCR and the irrigation minister during the BRS regime, besides the role of some officials, among others, in the construction of barrages and other components of the project.

Telangana govt may approach Supreme Court

“The Kaleshwaram project is entirely a human failure. It is the biggest man-made disaster in the country,” the government said, adding that experts from reputed national institutions had opined that not merely two pillars but the entire foundation of all three barrages was questionable.

The government said it would study the full text of the judgment before deciding on further course of action. However, Deccan Chronicle reported that the Telangana government is likely to challenge the High Court order in the Supreme Court, with the state Cabinet expected to take a final decision on the matter on Thursday, April 23.

NDSA chief’s Medigadda visit purely technical: Irrigation Secretary

The Irrigation Department separately clarified on Wednesday that the visit of the NDSA Chairman to the Medigadda barrage site on April 20 was strictly official and technical in nature and carried no political undertones.

Irrigation Secretary E Sridhar, in a statement, said the Chairman’s presence at the site was solely to review the progress of ongoing investigations and to provide technical guidance to field-level teams.

“The visit was purely in discharge of the statutory and technical oversight functions of the NDSA, aimed at ensuring that investigations and subsequent rehabilitation planning are carried out in accordance with established standards and best engineering practices,” he said.

The NDSA had earlier inspected the barrages following the sinking of pier 20 in block 7 of the Medigadda barrage and submitted a report recommending detailed investigations and physical model studies as the basis for finalising rehabilitation designs. 

Accordingly, the government engaged the Central Water and Power Research Station (CWPRS), Pune, to carry out investigations and model studies. Field investigations commenced last week following coordination meetings between the two agencies, and the NDSA Chairman’s visit was part of this ongoing technical process.

Sridhar also clarified that the NDSA Chairman did not participate in any press interaction or media briefing during the visit of the Chief Minister and Irrigation Minister to the site.

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