PPA probe: KCR seeks stay on summons

K Chandrasekhar Rao moved court days after the Narasimha Reddy Commission summoned him to appear before it.
BRS president and former chief minister K Chandrasekhar Rao.
BRS president and former chief minister K Chandrasekhar Rao.Photo | Express

HYDERABAD : BRS president and former chief minister K Chandrasekhar Rao on Tuesday filed a petition before the Telangana High Court seeking a stay on all proceedings before the Justice L Narasimha Reddy Commission probing the alleged irregularities in the power purchase agreement (PPA) with Chhattisgarh and also in the construction of Yadadri and Bhadradri thermal plants.

KCR moved court days after the Narasimha Reddy Commission summoned him to appear before it.

Mentioning this, the former chief minister’s petition said that the summons was “arbitrary, illegal, ultra-vires and contrary to the provisions of Commissioners of Inquiry Act, 1952”, and requested the court to set aside the same.

He named the state government, the Commission of Inquiry and Justice L Narasimha Reddy as respondents. The petition challenged GO 9 issued by the state government constituting the one-man commission.

In his petition, Rao argued that the appropriate State Electricity Regulatory Commission holds the jurisdiction to adjudicate disputes related to electricity purchase and procurement processes of distribution licences, including pricing and PPAs.

He asserted that the impugned order issued by the Energy department principal secretary lacked jurisdiction and constituted an usurpation of the judicial powers vested in the appropriate commissions constituted by an Act of Parliament.

HC stays ‘rail roko’ case

Justice B Vijaysen Reddy of the High Court on Tuesday stayed the investigation into a case registered against BRS chief K Chandrasekhar Rao in connection with the 2011 “rail roko” protest. The police had booked cases against KCR, K Kavitha, Prof M Kodandaram and others for the rail blockade at the height of the statehood movement

Narasimha Reddy continuing as commission head is illegal: KCR

KCR also highlighted that the continuation of Justice Narasimha Reddy as the head of the commission, despite his request, dated June 15, 2024, for recusal citing detailed reasons was contrary to the principles of natural justice and in violation of Articles 14 and 21 of the Constitution.

KCR also challenged the letter dated June 19, 2024, summoning him to appear before the Commission of Inquiry. He contended that any action by the state government should be in accordance with the Central Electricity Act, 2003 and the present Commission of Inquiry is in contravention to the Central Act.

The Central Electricity Act itself is a self-contained code and comprehensive one which involves the adjudication of the disputes, KCR said in the petition. He contended that the Regulatory Commissions of the two states, which consists of experts in their respective fields, adjudicated all the issues and orders were passed. Neither the Legislature nor the executive can constitute or appoint a Commission to hold an inquiry on the issues adjudicated long ago, KCR contended in the petition.

In his petition, the former chief minister contended that Justice Narasimha Reddy, without completion of the inquiry and without going into the details of the various documents, addressed a press conference only to blame the previous BRS government.

During the press conference, Narasimha Reddy concluded that irregularities took place in the power purchase from Chhattisgarh, even before the petitioner (KCR) submitted his reply.

“It is clear evidence of predetermination of issue, bias and definite conclusions,” he said.

“The principle that justice need not only be done but also seem to be done is completely defeated,” he said, adding that it was clear that Narasimha Reddy was not impartial, lacked fairness, displayed bias, predetermined the issues, formed opinion to fix the responsibility and only the quantification was left.

In such circumstances, the whole inquiry is an empty formality and no purpose would be served by submitting to the jurisdiction of the Commission, the petition said.

‘Narasimha Reddy is biased’

In his petition, former chief minister K Chandrasekhar Rao contended that Justice Narasimha Reddy, without completion of the inquiry and without going into the details of the various documents, addressed a press conference only to blame the previous BRS government. During the press conference, Narasimha Reddy concluded that irregularities took place in the power purchase from Chhattisgarh, even before the petitioner (KCR) submitted his reply. It is clear evidence of predetermination of issue, bias and definite conclusions, he said.

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BRS president and former chief minister K Chandrasekhar Rao.
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