New Delhi: Former Chief Justice of Patna High Court L Narasimha Reddy on Tuesday withdrew from the one-man Commission of Inquiry set up by the Telangana government, after the Supreme Court made some strong observations on views expressed by him in a press conference.
The apex court said Reddy could not hold a press conference and had "crossed the bar" with the expression of his opinion. The commission was constituted to examine the role of former chief minister K Chandrasekhar Rao in alleged irregularities in the power sector during his tenure.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising Justices JB Pardiwala and Manoj Misra told the senior advocate AM Singhvi, representing the state government, that the court is not happy with the former high court judge expressing views on merits in the press conference.
“..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 CJI told Singhvi. The bench told the state government that it will have to change the judge of the Commission of Inquiry.
The CJI told Singhvi that in the press conference, had it just been indicating the modalities followed like notice is issued etc., then it would not have been an issue but the problem is that “there appear observations on the merits”.
“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," said the CJI.
CJI Chandrachud told Singhvi that the inquiry report affects the reputation of a person. After the apex court made its stand clear in the matter, the Telangana government conceded that it would replace retired judge L Narasimha Reddy with someone else.
Following the rebuke from the apex court, Justice Reddy also stepped down on his own. His counsel informed the bench that he did not want to be part of the commission.
Disposing of KCR's plea, the apex court recorded the state government’s statement that a new person would be appointed to head the Commission of Inquiry.
Senior advocate Mukul Rohatgi, representing KCR, vehemently argued that the entire case is based on "political vendetta" and pressed that whenever there is a change in government, the former Chief Minister is targeted. Rohatgi said the former judge addressed a press conference, making certain observations on the merits of the charges against K Chandrasekhar Rao without any inquiry.
Regarding the press conference, the apex court told Singhvi, that it is a "little untoward" for a person, who is a judge and added if he had not made certain observations on the merits, then the court would have not interfered. Justice Reddy was represented by senior advocate Gopal Sankaranarayanan, who submitted that the allegation of bias was being levelled wrongly against his client.
Rao moved the apex court the 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. Rao’s plea said that 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.
Rao requested the apex court 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 the procurement of power from Chhattisgarh by Telangana power distribution companies. And, also 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).
