Hyderabad, April 22: The Telangana High Court granted major relief to former Chief Minister KCR and former minister Harish Rao in the Justice P.C. Ghosh Commission report related to the Kaleshwaram project. The court upheld the formation of the commission and ruled that its constitution was legal.
However, the bench said the commission did not follow mandatory legal procedure while preparing its report. Therefore, the court directed authorities not to take any action against the petitioners based on the report.
Court Flags Procedural Violations
The High Court observed that the commission made adverse remarks without issuing notices under relevant legal provisions. It said such allegations cannot be made without giving those concerned a proper opportunity to respond.
As a result, the court restrained the government from using the report to initiate action against KCR, Harish Rao and other petitioners.
Former Chief Secretary S.K. Joshi and former CMO Secretary Smita Sabharwal, who also filed petitions in the matter, also received relief through the ruling.
Petitioners Raised Due Process Concerns
During arguments, counsel for the petitioners told the court that the commission examined their clients only as witnesses while collecting information. Later, however, the report allegedly treated them as if they were responsible for wrongdoing.
The lawyer argued that under the Commissions of Inquiry Act, 1952, especially Sections 8B and 8C, anyone likely to face allegations must receive notice and a fair chance to defend themselves.
After hearing both sides at length, the High Court accepted the procedural objections. Consequently, it ruled that no action can be taken against the petitioners solely on the basis of the commission’s findings.
Political Significance
The judgment carries political importance because the Kaleshwaram project has remained a major issue in Telangana politics. Both the ruling Congress and opposition BRS have traded charges over the project’s design, cost and alleged irregularities.
With this order, the BRS leadership secured immediate legal relief, while the larger debate over the project is likely to continue.
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