Former Minister Harish Rao Asserts Kaleshwaram Probe Commission Was Illegally Constituted
In a significant legal development, former irrigation minister and Siddipet MLA T Harish Rao presented arguments before the Telangana High Court on Wednesday, claiming that the constitution of the Justice PC Ghose Commission to investigate alleged lapses in the Kaleshwaram project was fundamentally flawed from its inception and throughout its proceedings.
Counsel Alleges Commission Acted as Adjudicator, Not Fact-Finder
Arguing before a bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, Harish Rao's counsel, CA Sundaram, contended that the commission failed to conduct an independent fact-finding exercise as mandated under the Commissions of Inquiry Act. Instead, Sundaram asserted, the commission merely endorsed the state government's pre-existing assertions.
Sundaram urged the court to quash the report in its entirety, labeling it as illegal, unconstitutional, and unsustainable in law. He emphatically stated, "Throw it away. If there needs to be an inquiry, let there be. If CBI has to inquire, let it do and find out."
Legal Arguments Highlight Procedural Irregularities
Sundaram argued that the commission was improperly constituted, alleging that the government had already concluded there was negligence, operational lapses, lack of quality control, and other malpractices. He claimed the commission was then tasked solely with fixing responsibility, rather than determining whether such failures actually occurred.
"Since the commission, instead of being a fact-finding body, acted like an adjudicating authority, its report proprio vigore has no strength," added Sundaram, using the Latin term meaning "by its own strength."
Report Described as Tainted by Bias and Pre-Determination
According to Sundaram, the inquiry did not begin on a clean slate but was based on the government's prima facie conclusions, effectively directing the commission to validate those findings. He alleged the report was tainted by legal bias and pre-determined conclusions, urging the court to either set aside the entire report or quash the findings against Harish Rao and bar their use against him.
Court Schedules Further Hearings with Other Challengers
After Sundaram concluded his submissions, the court posted the matter for further hearing on Friday. The bench will then hear arguments from former chief minister K Chandrasekhar Rao, former IAS officer SK Joshi, and senior IAS officer Smita Sabharwal, who have also challenged the commission's report holding them responsible for alleged irregularities in the Kaleshwaram project.
This case underscores ongoing legal and political scrutiny surrounding the Kaleshwaram project, with multiple high-profile figures contesting the commission's findings and methodology.
