Telangana High Court Hears State's Detailed Arguments in Kaleshwaram Commission Report Challenge
In a significant legal proceeding at the Telangana High Court on Wednesday, the state government presented detailed arguments defending the report of the Justice PC Ghose Commission, which investigated alleged irregularities in the Kaleshwaram lift irrigation project. The hearing addressed multiple petitions challenging the commission's findings, including those filed by former chief minister K Chandrasekhar Rao and other key figures.
State Contends Petitioners Approached Court Only After Adverse Findings
Senior counsel S Niranjan Reddy, representing the state government in one of the petitions, argued that the petitioners—including KCR, former minister T Harish Rao, senior IAS officer Smita Sabharwal, and former chief secretary SK Joshi—were fully aware of the commission's purpose when it was constituted. He emphasized that these individuals approached the court only after the commission recorded adverse observations against them in its inquiry report.
"The petitioners are hyper-sensitive individuals who have alleged procedural violations and claimed an attack on their reputation," Reddy stated during the hearing. "However, they did not challenge the government order constituting the commission when it was issued, but only after learning about the unfavorable findings against them."
Commission's Observations on Public Office Conduct
Reddy further argued that the commission's report made observations about persons who held public office and discharged official duties during the execution of the Kaleshwaram project. He noted that none of the petitioners dispute the factual aspects of the project, including:
- The ballooned costs of the irrigation project
- The Comptroller and Auditor General (CAG) report pointing to various irregularities
- The substantial burden placed on the state exchequer
"This inquiry represents a matter of staggering public importance," Reddy told the court. "The commission was examining a public decision-making process, not targeting any individual specifically."
Advocate General Highlights KCR's Litigation History
Continuing arguments in KCR's specific petition, Advocate General A Sudarshan Reddy pointed to the former chief minister's previous legal actions. He noted that when a one-man commission was constituted under the Commissions of Inquiry Act to probe power purchases from Chhattisgarh, KCR had immediately approached the court while the inquiry was still underway.
"In this case, he waited until the commission delivered its report," the Advocate General argued. "This clearly demonstrates that he is a well-informed petitioner who understands litigation procedures and his legal rights."
The Advocate General also emphasized that KCR's affidavit did not plead that any evidence before the commission was prejudicial to him, stating: "No prejudice is claimed with regard to any document or witness, which underscores the necessity of this inquiry."
Allegations of Evasive Testimony During Inquiry
In the petition filed by IAS officer Smita Sabharwal, senior counsel P Sri Raghu Ram argued that during the commission's inquiry, she behaved like a tutored witness and evaded questions relating to:
- File movement procedures
- Issuance of government orders
- Release of project funds
"Nothing prevented her from stating that she was not aware of such matters and requesting additional time," Raghu argued. "She even volunteered to cooperate further if needed, which raises questions about her testimony."
Court Proceedings and Adjournment
After the state government concluded its submissions, a bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin adjourned the matter to March 12. The bench has clarified that no further adjournments will be granted, allowing the petitioners' counsel to respond to the state's arguments at the next hearing.
The petitioners have sought to quash the commission's report entirely, alleging procedural violations during the inquiry process. The Justice PC Ghose Commission was constituted to investigate alleged irregularities in the Kaleshwaram lift irrigation project, one of Telangana's largest infrastructure initiatives, which has faced scrutiny over cost escalations and implementation concerns.
