Power deals: SC to hear KCR’s plea seeking stay on proceedings

Bench presided over by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra will take up the matter on July 15

New Delhi: The Supreme Court is slated to hear on Monday a plea filed by former Telangana Chief Minister K Chandrashekhar Rao seeking a stay on all further proceedings of the Justice L Narasimha Reddy Commission constituted by the Congress government to inquire into the power purchase agreements made by the previous BRS government, and the construction of two thermal power plants.

As per the causlist published on the website of the apex court, a Bench presided over by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra will take up the matter for hearing on July 15.

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Earlier, the Telangana High Court had dismissed in limine (at the threshold) the plea filed by the BRS chief seeking directions to declare the appointment of a one-man commission to conduct a judicial enquiry on correctness and propriety of the decisions taken by the then government of Telangana on procurement of power from Chhattisgarh by TS DISCOMS and construction of Bhadradri Thermal Power Plant at Manuguru and Yadadri Thermal Plant at Damarcherla by TS GENCO etc as illegal, without jurisdiction, ultra vires the provisions of the Commissions of Inquiry Act, 1952 and contrary to the provisions of the Electricity Act, 2003.

In its order passed on July 1, a division bench comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti rejected the allegation of bias that the Commission was not acting impartially and that it was constituted due to political reasons. Before the Telangana High Court, the counsel for KCR contended that the Commission was acting contrary to the law, claiming that Justice Narasimha Reddy acted against Supreme Court orders by unilaterally conducting a press conference to announce details of the inquiry.

The commission had issued notice to KCR seeking details relating to the power purchase agreements and the construction of power plants. Since he was busy campaigning for the Lok Sabha elections, he had sought more time to respond. Even before the former Chief Minister could submit his reply, Justice Narasimha Reddy held a press conference on June 15 to say that there were irregularities in the power purchase agreements and the construction of power plants.

In his plea, KCR contended that the commission was illegal, arbitrary, contrary to principles of natural justice and violative of Articles 14 and 21 of the Constitution of India.