Supreme Court of India.
DH file photo
New Delhi: The Supreme Court on Tuesday asked the Congress-ruled Telangana government to replace retired judge L Narasimha Reddy from one-man Commission of Inquiry set up to look into the role of former Chief Minister K Chandrasekhar Rao in alleged irregularities in the power sector.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the judge has crossed the bar by holding a press conference and expressing his opinions.
Following the hearing on a petition filed by Rao, Justice Reddy, former chief justice of the Patna High Court reportedly stepped down.
Taking up the plea by Rao alleging bias, the bench said justice must seen to be done.
"This exactly is a matter in which he has to inquire into…at this stage, he cannot hold a press conference…but he has crossed that bar now with his expression of his opinion," the bench told senior advocate A M Singhvi appearing for the state government.
The bench said the problem is that there appeared to be observations on the merits and the inquiry report affected the reputation of a person.
“We are giving an opportunity Dr Singhvi, to replace the judge of the Commission of Inquiry. Appoint some other judge. Because there has to be an impression that justice must seem to be done. He is a Commissioner of Inquiry…he expressed views on merits," the bench said.
The bench said it is a little untoward for a person, who is a judge. If he had not made certain observations on the merits, then the court would have not interfered, the bench added.
Senior advocate Mukul Rohatgi, appearing for KCR, vehemently contended that the entire case is based on "political vendetta". Whenever there is a change in government, the former Chief Minister is targeted, he said.
The court disposed of KCR's plea, after recording the state government’s statement that a new person would be appointed to head the Commission of Inquiry.
Senior advocate Gopal Sankaranarayanan, appearing for Justice Reddy, submitted that the allegation of bias, was being levelled wrongly against his client.
Rao approached the court after the High Court dismissed 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 matter related to procurement of power from Chhattisgarh by Telangana power distribution companies and the construction of the Bhadradri Thermal Power Plant at Manuguru and the Yadadri Thermal Plant at Damarcherla by TSGENCO (Telangana State Power Generation Corporation Limited).