Telangana HC asks State government not to take adverse action based on Ghose Commission report

The Telangana High Court directed the State government not to take any adverse action against former Chief Minister K. Chandrashekhar Rao and former Minister Harish Rao based on the Ghose Commission report on the Kaleshwaram project, pending further hearing on October 7

Hyderabad: The Telangana High Court on Tuesday directed the State government not to take adverse action against former Chief Minister K Chandrashekhar Rao and former Minister T Harish Rao based on the Justice PC Ghose Commission report on the Kaleshwaram project until further orders.

A bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin issued the interim order while hearing an interim application in the writ petitions filed by Chandrashekhar Rao and Harish Rao challenging the legality of the Commission’s findings. The Court adjourned further hearing to October 7.

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Senior advocates Dama Seshadri Naidu appearing for Chandrashekhar Rao and Aryama Sundaram appearing for Harish Rao urged the Court to protect the petitioners from any coercive steps. They argued that the Ghose Commission acted beyond its mandate and delivered findings that were “prejudicial, defamatory and scathing” without following the safeguards prescribed under Sections 8B and 8C of the Commissions of Inquiry Act, 1952.

Chandrashekhar Rao and Harish Rao maintained that they were called only as witnesses under Section 5(2), but the Commission went on to indict them for alleged embezzlement of public funds without giving them an opportunity to defend themselves or cross-examine witnesses. The petitioners stressed that such findings not only tarnish their reputation but also violate the principles of natural justice.

The Court reminded the State that during the earlier hearing on August 22, it had recorded the government’s assurance that no action would be taken against the petitioners before the report was tabled in the Assembly. The Court had also directed the State to file detailed counters, which are awaited.

Advocate General A Sudarshan Reddy, appearing for the State, argued that the interim relief sought by the petitioners was not maintainable. He clarified that the government had already resolved to hand over the probe to the Central Bureau of Investigation (CBI) based not on the Ghose Commission, but on the National Dam Safety Authority (NDSA) report, which flagged safety concerns. He urged the Court not to interdict the government’s course of action.

Rejecting the State’s contention, the bench directed that no adverse action based upon the findings of the Commission’s report be taken against Chandrashekhar Rao and Harish Rao till the next date of hearing and adjourned the matter to October 7 for further hearing.