New Delhi: The Central Information Commission has directed the Delhi Police and CFSL, Chandigarh
to make public forensic reports in the alleged doctored CD
case carrying conversation among lawyers Shanti Bhushan and
Prashant Bhushan, Amar Singh and Mulayam Singh Yadav.
Information Commissioner Sushma Singh gave this directive
overruling the objections raised by Delhi Police which said
disclosure of forensic reports on the CD would impede the
process of investigation and prosecution of offenders.
The case relates to an RTI applicant who demanded from
the Prime Minister`s Office, Home Ministry and CFSL,
Chandigarh the forensic reports on the CD in which Shanti
Bhushan is allegedly telling Yadav and Singh that his son
Prashant can "manage a judge".
All these applications were referred to Delhi Police for
replying which objected to the disclosure.
After the CD came into circulation, Shanti Bhushan had
filed a complaint with Delhi Police on April 14, alleging that
the disc was fabricated and denied having any conversation with Yadav and Singh.
Delhi Police had got the CD examined at CFSL, Delhi,
CFSL, Chandigarh as well as CERT-In, a department under
Ministry of Communications and Information and Technology
which gave divergent opinions after analysing the CD.
"It is apparently clear that the investigation...is
closed and the final report to be prepared under Section 173
CrPC has already been submitted to the learned court. As a
result, Commission is of the views that respondents (Delhi
Police) are prohibited from outrightly invoking the exemption
clause...while denying the information," Singh said ordering
disclosure of the reports.
The CFSL, Delhi report was received by Delhi Police on
April 20 in which it was opined that "the recorded
conversation in the CD could not have been tampered with".
On April 21, the case was transferred to the Special Cell
and the CD, received in a sealed cover from CFSL, New Delhi,
was sent to CFSL, Chandigarh, for second opinion on April 25
in saying that the "recording present in the CD was not
original and was a post production edited version".
With two different versions on the analysis of the CD,
the matter was sent to CERT-In.
The CERT-In, in its report on May 28, said the "audio
file containing the conversation was continuous with no sign
of abrupt changes or editing marks", the police said.
The agency said the CD, which was sent to the office of
the Chief Justice of India by a leading daily after it
received it at its office on April 13 by some unknown sender,
was also got examined by the CFSL New Delhi.
The CFSL here opined in its report that the "recorded
conversation in the CD could not have been tampered", it said.
After getting these reports and questioning of people
involved the case, Delhi Police sought permission of the court
to close the case filed on the complaint by Bhushan saying
there was no substantive evidence to prove the offence of
forgery as alleged by him.
In its nine-page report, police said, "From the evidence
collected during the course of investigation in form of expert
opinions, there is neither substantial nor corroborative
evidence to prove the commission of offence, within the
meaning of section 469 (forgery for the purpose of harming the
reputation of any person) IPC. It is, therefore prayed that
the case may pleased be cancelled."