Kaleshwaram Project: Part Relief To KCR, Harish Rao As Telangana High Court Says Inquiry Commission Findings Violating Section 8B 'Inoperative'

The Telangana High Court on Wednesday (April 22) partly allowed pleas filed by former chief minister and BRS head K Chandrashekar Rao, former irrigation minister T. Harish Rao and others challenging the Inquiry Commission Report over alleged irregularities into the Kaleshwaram project.In doing so the court held that those findings against the petitioners which have been rendered in violation of safeguards provided under Section 8(B) of Commissions of Inquiry Act, shall not be acted upon. For context, Section 8B mandates that notice be issued to any individual, likely to be affected by the findings on the report, documents be served on them and they be given a chance to defend themselves and cross-examine the witnesses.A division bench of Chief Justice Aparesh Kumar Sigh and Justice G.M. Mohiuddin while pronouncing the order said:"In view of the elaborate discussion made and the reasons recorded hereinabove, this court holds:1. That the constitution of the commission of inquiry under Section 3 of the Commissions of Inquiry Act, by GO MS No. 6 March 14, 2024 is neither arbitrary, illegal or ultra vires of the Constitution of India and the Commissions of Inquiry Act.2. The findings rendered by the Commission as are prejudicial to the conduct and reputation of the petitioners and have been rendered in violation of principles of natural justice and statutory safeguard provided under Section 8(B) of Commissions of Inquiry Act, shall be inoperative and no action can be taken on the basis there of. The writ petitions are accordingly partly allowed in the manner indicated". A detailed copy of the order is awaited. For context, the Kaleshwaram project is an irrigation project on the Godavari river. The inquiry into the Kaleshwaram project stemmed from an incident in 2023, wherein a Pillar in the Medigadda Barrage collapsed, striking a major blow to the 1 lakh crore project.On March 13, 2024, a Commission was set up under the Commission of Inquiry Act, Headed by Honourable Justice (retd.) Pinaki Chandra Ghose former Supreme Court Judge to look into the alleged irregularities and fix responsibility. On July 31, 2025 the Commission submitted its report.Allegations had surfaced that the BRS party leader KCR, and the then Irrigation Minister, T. Harish Rao, played a key role in the downfall of the project. It was alleged that the construction material used was cheap, and decisions were made for selfish financial gains.The petitioners had earlier argued that before the report was made public no notice was issued to the petitioners under Sections 8b or 8c of the Commission of Inquiry Act, 1952.It was argued that the Act prescribes a procedure to be followed, and notices by the Commission need to have a sequence. The Act distinguishes between summons (that can be issued to any individual whose evidence is needed), government-sanctioned summons under section 5 and notice issued to a person under 8b who is likely to be prejudicially affectedMeanwhile the State argued that the notice as mandated under Section 8B of Commission of Inquiry Act was issued to the petitioners.It was argued that petitioners had replied to the notices, showed willingness to participate, and even asked for the documents.Further, findings of the Commission could not form grounds for legal prosecution. He explained that solely on the findings of the Commission, the criminal/civil court will not hold the petitioners guilty. It was argued that there would be a full-fledged trial, and the court would come to its own independent finding, based on the evidence produced before it.Case title: Sri. Kalvakuntla Chandrashekar Rao vs. State of Telangana and batchWP 24837 of 2025 and connected petitionsAdvocate Mr. Tarun G. Reddy appeared for petitioner Shailendra Kumar Joshi in W.P.No.26367 of 2025.Senior advocate C.A.Sundaram appeared for advocate Jaggannagari Venkat Sai for petitioner T Harish Rao in W.P.No.24835 of 2025.Senior advocate Dama Seshadri Naidu appeared for advocate Ponugoti Mohith Rao for petitioner Kalvakuntla Chandrashekar Rao in W.P.No.24837 of 2025.Senior advocate J.Ramachandra Rao appeared for Jagannagari Venkat Sai for petitioner Smita Sabharwal in W.P.No.29352 of 2025.

Kaleshwaram Project: Part Relief To KCR, Harish Rao As Telangana High Court Says Inquiry Commission Findings Violating Section 8B 'Inoperative'

Malavika Prasad

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