KLIS Probe Notice - KCR May Be In a Lose-Lose Situation

“Judicial commissions exercise powers under the Civil Procedure Code to summon witnesses, and courts have held that any person issued a notice is bound to appear before a commission,” according to senior counsel L Ravichander.

“But with KCR in this matter, there are two issues. And he finds himself in a lose-lose situation. If he responds to the notice saying he cannot attend, then the signal that will go out is that he has something to hide. If he attends, then he will find himself in a situation that he will not want to be in,” Ravichander said.

Meanwhile, BRS sources said it was too early to speculate on what Chandrashekar Rao’s response might be to the notice. “Only once the notice is received, and studied, can anything be said. And talking about what the consequences will be of his response, one way or the other whether he will attend or choose not to, is simply too premature,” a senior party leader said.

Earlier, when summoned by the then Justice Narasimha Reddy commission inquiring the power purchase agreements with Chhattisgarh government, Chandrashekar Rao had challenged the notice in the high court, but his petition to quash the notice was quashed by the court. He later sent a written response to the commission.

But in the present instance, party sources said, given the past experience in a similar situation, Chandrashekar Rao may find his hands somewhat tied.

“The options before Chandrashekar Rao depend on whether the commission expects to question him on specific issues only he can provide answers to, or respond to. If this is the case, then it may be inevitable that he would have to attend. He, however, can have the option of seeking a different date by providing valid reasons. If the notice says it is specifically for cross examination, then he may have to attend. If the notice already has the questions, or the subject on which he has been asked to attend, then he may have the option of responding in writing, but that will again depend on the commission taking a call on the matter,” a legal expert said.

Chandrashekar Rao has been asked to attend for cross examination on June 5, a day before the date given for former irrigation minister and senior BRS leader T Harish Rao to present himself before the commission. “In Harish Rao’s case too, the same conditions might apply as of now,” the expert pointed out.

Meanwhile, former finance minister in the then BRS government, and currently a MP from the BJP, Etala Rajendar, has already said that he had nothing to fear and will face the commission. He has said that as the then finance minister, he had nothing to do with the Kaleshwaram project as its finances were handled separately and his then department was not involved in the process.