HC Bars Action On KCR, Harish Till Oct. 7

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, while issuing interim orders, observed that entrusting a CBI probe in this matter should not be on the basis of the Ghose Commission report.

When counsel for the state requested that the order clarify the government’s liberty to entrust the probe to the CBI based on reports of the National Dam Safety Authority (NDSA) or any other agency, the bench said its order was confined to the commission’s findings and would not go beyond the subject before it.

The court pointed out that the petitioners had only sought protection from action based on the judicial commission’s report. It clarified that the interim relief granted was temporary and valid only until the case is finally heard. The bench also said the petitioners could file fresh petitions if they wished to challenge any probe based on other reports, such as those of the NDSA.

On Tuesday, Advocate General A. Sudershan Reddy and senior counsel S. Niranjan Reddy told the bench that the Justice Ghose Commission report was merely discussed in the Assembly and no action had been taken on it, nor was an action taken report tabled. They said the government had ordered a CBI inquiry, but the probe would be based on the findings of the NDSA, which had investigated the collapse of five piers at Medigadda, and on other records, not on the Ghose Commission report.

Senior counsels Dama Sheshadri Naidu and Aryama Sundaram, appearing for Chandrashekar Rao and Harish Rao, objected, arguing that the government order entrusting the CBI probe had explicitly mentioned the commission report. They pressed the bench to record the government’s assurance to prevent prejudice to their clients.

The Advocate General countered that the CBI probe order was independent of the commission report and did not name or specify any person. The court recorded his submission and observed: “Whatever action you are contemplating against the petitioners is not based on P.C. Ghose Commission findings.”

The hearing saw sharp exchanges between the Advocate General and senior counsel Seshadri Naidu. When the AG referred to Naidu’s past judicial appointments, Naidu objected strongly, saying: “Personal matters have no place here. Counter my arguments legally, or withdraw if you are not able to face me.” The bench intervened to restore calm.

Adjourning the case to October 7, the bench directed the government to file its counters and the petitioners to submit their reply counters by then.