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Tehelka commission orders forensic examination of videotapes
New Delhi, May 09: Reversing previous rulings, the Tehelka commission today ordered detailed forensic examination of the videotapes containing allegations of corruption in defence deals saying it has `serious doubts` that these `might be tampered` or not be the camera originals.
New Delhi, May 09: Reversing previous rulings, the Tehelka commission today ordered detailed forensic examination of the videotapes containing allegations of corruption in defence deals saying it has "serious doubts" that these "might be tampered" or not be the camera originals.
As many as 16 videotapes submitted by the newsportal, Tehelka, to the commission will be sent for forensic examination by "independent and impartial experts" following a 31-page order by Justice S N Phukan here.
Accepting a plea by Samata party leader Jaya Jaitly and others, former Supreme Court Judge said the commission had prima-facie serious doubts that the tapes, which were the "ultimate arbiters", might be tampered. "These doubts have to be removed and the truth with regard to the videotapes has to be found," he said.
Justice K Venkataswami, who had headed the commission for nearly 18 months before resigning under controversial circumstances, had twice turned down Jaitly's plea maintaining that there was no prima-facie case for the forensic examination at that stage.
"The examination of the original is essential in order to come to a conclusion as to the veracity of the tapes," the judge said and asked the noticees to give their response by May 19 as to where the tapes should be sent for the forensic examination.
"In any case, no prejudice will be caused to Tehelka if the tapes are sent for forensic examination," Justice Phukan said.
Citing deposition of various counsel and expert witnesses, he said "it is therefore, in the fitness of things that said the tapes in question, deposited by tehelka.com on which strong prima facie doubt has arisen, be sent for forensic examination."
Maintaining that the videotapes were primary evidence and foundation of the present inquiry, the commission said law must be in a state of progress and adapt itself to change and should not be behind time.
It has been more than two years since the tehelka expose was made public and during these two years the commission of inquiry has already sought five extensions.
Supporting the forensic examination of the tapes, attorney general Soli Sorabjee had contended that though the government has no role to play in the matter but as various noticees had raised "serious doubts" regarding the authenticity of the tapes, the same should be sent for forensic examination.
Presenting various incidents of tape no. 73 and 74, Jaitly had alleged that they were "tampered" with.
Tehelka initially maintained that they did not have any problem with the tapes being sent for forensic examination, but later said the exercise will be wastage of time and resources.
Bureau Report
"In any case, no prejudice will be caused to Tehelka if the tapes are sent for forensic examination," Justice Phukan said.
Citing deposition of various counsel and expert witnesses, he said "it is therefore, in the fitness of things that said the tapes in question, deposited by tehelka.com on which strong prima facie doubt has arisen, be sent for forensic examination."
Maintaining that the videotapes were primary evidence and foundation of the present inquiry, the commission said law must be in a state of progress and adapt itself to change and should not be behind time.
It has been more than two years since the tehelka expose was made public and during these two years the commission of inquiry has already sought five extensions.
Supporting the forensic examination of the tapes, attorney general Soli Sorabjee had contended that though the government has no role to play in the matter but as various noticees had raised "serious doubts" regarding the authenticity of the tapes, the same should be sent for forensic examination.
Presenting various incidents of tape no. 73 and 74, Jaitly had alleged that they were "tampered" with.
Tehelka initially maintained that they did not have any problem with the tapes being sent for forensic examination, but later said the exercise will be wastage of time and resources.
Bureau Report