In The Matter Of Suo Moto Public Interest Litigation vs. State Of Chhattisgarh

Facts

This suo moto public interest litigation was initiated based on a news report dated 25.12.2024 in Dainik Bhaskar alleging massive corruption and irregularities in the installation of solar street lights in various villages of Chhattisgarh between 2021 and 2023. The report highlighted the misuse of funds from schemes like Adarsh Gram Yojna and Khanij Nyas Nidhi, with solar street lights allegedly installed at inflated costs. Specifically, in Bastar Division, 3620 lights were installed at Rs. 47,600 each, totaling Rs. 17.23 Crores. Similar allegations were made for Sukma, Janjgir, Kondagaon, and Kanker districts. The Chhattisgarh State Renewable Energy Development Agency (CREDA) pointed out that the procurement process was improper and violated rules. The State ordered an inquiry on 09.04.2024, and the report was submitted. The Court directed the Chairman and Secretary, Energy Department, to file a personal affidavit. Affidavits were filed, and the matter was listed on multiple dates. The State counsel informed the Court that a committee of Legislative Assembly members was inquiring into the matter.

Held

The Court held that it could not issue any further directions for the production of the inquiry report at this stage, considering the stand taken by the respondents and the constitutional limitations pleaded regarding the confidentiality of the proceedings of the Inquiry Committee constituted by the Chhattisgarh Legislative Assembly. The Court acknowledged that the respondents had expressed an inability to produce the report due to its status as part of internal Legislative Assembly committee proceedings, protected by confidentiality rules. The Court accepted the respondents' assertion that they lacked the constitutional or statutory authority to procure or disclose the report prior to its presentation before the House. The Court disposed of the petition with the hope and trust that the inquiry would be concluded expeditiously, its report would be placed before the Legislative Assembly according to law, and if any irregularity, illegality, or corrupt practice was disclosed, appropriate action would be taken against those found responsible, strictly in accordance with law. No specific issue was left undecided, but the Court deferred further action pending the report's official submission.

Key Issues

1. Whether the Court can direct the disclosure of the report of an inquiry committee constituted by the Chhattisgarh Legislative Assembly, given the confidentiality provisions under the Assembly's Rules of Procedure and Conduct of Business? (Question of law) Petitioner (Suo Moto): The petitioner did not make any arguments as it was a suo moto PIL. Respondents: The respondents, through an affidavit filed by the Superintending Engineer, Rural Engineering Services, Bastar Circle, Jagdalpur, argued that the inquiry committee is an internal committee of the Legislative Assembly. Its proceedings, deliberations, and report are confidential under Rule 192(1) read with Rule 197 of the Rules of Procedure and Conduct of Business of the Chhattisgarh Legislative Assembly. They contended that executive authorities have no constitutional authority to obtain or disclose the report before it is formally laid before the Legislative Assembly. They further stated that the non-submission was due to constitutional privilege and statutory confidentiality, not wilful disobedience, and undertook to place the report before the Court upon its lawful release.