Hyderabad: Justice L. Narasimha Reddy, who was heading the commission of inquiry into power sector irregularities during the BRS government, resigned on Tuesday to “uphold the dignity of the judicial fraternity”. The resignation came after the Supreme Court took exception to his press conference on the ongoing inquiry and directed the state government to substitute him.
The order came in response to an appeal filed by former chief minister K. Chandashekar Rao, seeking a stay on all proceedings of the Justice Narasimha Reddy commission constituted by the Revanth Reddy government. Rao had called the setting up of the commission a “pure case of political vendetta”.
Appearing for Rao, counsel Mukul Rohatgi told the Supreme Court that the High Court had dismissed the petitioner’s petition on Day One without calling for a reply. He said that the one-man commission was constituted immediately after the new government was formed and it is a case of political vendetta.
Rao had argued that the Congress government’s decision to constitute the judicial commission was in violation of the Commissions of Inquiry Act, 1952 and Electricity Act 2003.
Senior advocate Dr Abhishek Manu Singhvi, appearing for the state government, submitted that notice was issued to Rao along with several others on April 11. Instead of challenging the notice, Rao had sought time to reply till June end.
Senior advocate Gopal Sankaranarayanan, who represented Justice Narasimha Reddy, contended that the allegation of bias was being levelled wrongly against Justice Reddy as he only disclosed that Rao had sought additional time to reply.
Chief Justice of India D.Y. Chandrachud, however, expressed reservations about the commission holding a press conference. “Had the press meet been about indicating the modalities followed like issuing notices etc, and had he (Justice Narasimha Reddy) not made certain observations on the merits of the issue, the court could have left it. But the problem is that there appear observations on the merits.”
The Chief Justice underscored that procedural fairness needed to be followed in the inquiry and that such fairness and 'justice' should be visible in the conduct of the head of the Commission as well.
He gave the state government an opportunity to replace the judge heading the commission of inquiry. “He is the Commissioner of Inquiry, he has expressed his view on merit (in the press conference)," the CJI observed.
Acting on the directions of the Supreme Court, the Telangana government said a new retired judge would be appointed as the Commission of Inquiry to look into the alleged irregularities in the power purchase agreements.
