The move came when the Supreme Court orally expressed disapproval of the press statements made by Justice Reddy.
Published Jul 16, 2024 | 5:09 PM ⚊ Updated Jul 16, 2024 | 5:09 PM
Ex HC Judge L Narasimha Reddy. (Wikimedia)
Former chief justice of Patna High Court L Narasimha Reddy on Tuesday, 16 July, withdrew from the one-man Commission of Inquiry set up by the Telangana government to look into the role of ex-chief minister K Chandrasekhar Rao in alleged irregularities in the power sector during his tenure.
The top court, which was hearing the plea of the former Telangana chief minister alleging bias against the head of the inquiry panel, was informed by the counsel of Justice (retd) Reddy that he does not want to be part of the commission.
The incumbent Congress government constituted the commission to probe the irregularities in the setting up of the Yadadri and Bhadrari Thermal Power plants and other issues.
The LiveLaw reported that the move came when the Supreme Court orally expressed disapproval of the press statements made by Justice Reddy, raising doubts that he had pre-judged the issue.
Chief Justice DY Chandrachud observed, “Dr Singhvi, that press conference, had it just been indicating the modalities followed (like notice is issued etc) ….it is a little untoward for a person who is a judge. Had he not made certain observations on the merits of the issue we would have left it at that. The problem is that there appear observations on the merits. Let us also face it, it doesn’t bind anybody but the inquiry report affects the reputation of a person”
Further noting that the need for procedural fairness, the CJI said, ” ‘Justice’ should be visible in the conduct the head of the Commission as well.”
“We are giving you (State Government) the opportunity to replace the judge in the commission of inquiry, appoint some other judge. Because there has to be an impression you know… justice must be seen to be done. He is the Commissioner of Inquiry, he has expressed his view on merit (in the press conference).”
A Supreme Court bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra took note of the submission and permitted the Congress-led state government to substitute Justice (retd) Reddy in the Commission of Inquiry. The court also dismissed Rao’s petition thereafter.
KCR approached the Supreme Court after the Telangana High Court dismissed his plea on 1 July.
The top court took note of the submissions of the Bharat Rashtra Samithi (BRS) leader in the matter.
The counsel for Rao said the former judge addressed a press conference, making certain observations on the merits of the charges against K Chandrasekhar Rao without any inquiry.
The former high court judge responding to the Supreme Court’s remarks, in a press release clarified, “My office is functioning on the 7th floor of BRKR Bhawan and the office of commission of Justice Pinaki Chandra Ghoshe is functioning on the 8th floor.”
“Almost every alternative day, a press briefing was being done by that commission and the reporters used to pester my office. When we were not holding any press briefings, the reporters were publishing news about our commission on imagination. To put an end to that, I held a conference to apprise the reporters about the contours of enquiry and the progress made till then.”
He further added that, by their very nature, the hearings of the commission are to take place in public, “So much so, a notification was issued inviting representations from the public.”
Announcing his decision to resign from the commission, Reddy noted, “The last thing for a judge or for that matter, a former judge, to assert would be that he is not biased. The day when such a necessity arises the very office would lose its sheen.”
“As a gesture to uphold the dignity of the judicial fraternity, I hereby express my view that I do not intend to continue as the commission.”
In a setback to Rao, the Telangana High Court on 1 July dismissed a writ petition filed by him seeking a declaration of the constitution of a Commission of Inquiry to look into alleged irregularities in the power sector during the BRS rule as illegal.
In his plea, the former Telangana chief minister sought to declare the Telangana government’s order constituting the Commission of Inquiry to conduct a judicial enquiry on the correctness and propriety of the previous dispensation’s decisions on power procurement from Chhattisgarh by Telangana power distribution companies and construction of the Bhadradri Thermal Power Plant at Manuguru and Yadadri Thermal Plant at Damarcherla by TS GENCO as illegal.
Rao, also known as KCR, sought that the continuation of Justice (retd) L Narasimha Reddy as the head of the commission be declared illegal.
(Edited by Sumavarsha Kandula, with inputs from Sumit Jha and PTI)
