M A I N   N E W S

Govt hands over Tehelka probe to CBI
S.S. Negi
Our Legal Correspondent

New Delhi, October 4
Taking a proactive stance against the belligerent Opposition to put it on defensive, the UPA government today decided to hand over the investigation in the Tehelka case to the CBI and scrap the Phukan Commission inquiring into it, saying that the appointment of the panel by the Vajpayee Ministry was an attempt to “shield various personalities” exposed in the sting operation.

Law Minister H.R. Bhardwaj told a press conference here that the Cabinet Committee on Political Affairs (CCPA) on Friday “has decided not to extend the term of Justice S.N. Phukan Commission, which expired on October 3 and hand over the investigation to the CBI.”

The government has decided to hand over “to the CBI the video tapes, prepared by the news portal, Tehelka.com in a sting operation to expose the involvement of various personalities in defence deals during the NDA regime,” Mr Bhardwaj said.

The action of the UPA government is seen by legal experts as a “proactive” stance against the NDA, which had put the government on the defensive on the issues of “tainted” ministers, Uma Bharti and Savarkar.

They said the inquiry by the CBI was altogether different than a probe by a commission, which was not binding on the government. “If the CBI finds something substantial against the persons whose names have figured in the expose, the agency has to register an FIR against them and take steps for their prosecution. This will have far-reaching consequences for them,” the experts said.

Mr Bhardwaj said Justice Phukan had been informed that the government was not “interested in continuing with the commission.”

Justice Phukan, however, said he had not received any communication from the government so far on the issue. He said it was “the prerogative of the government to scrap an inquiry commission.”

The Law Minister, however, said no deadline had been set up for the CBI to complete the probe. “No such deadline can be set by the government as the CBI will investigate the case in its own way,” he said.

Mr Bhardwaj denied that the action of the government was “politically motivated” to put the “belligerent Opposition” on the defensive on the Tehelka issue. “This matter was not brought before the public by any political party but was exposed by the media. Where is the question of politics in it?” he asked.

“The CBI would now inquire whether any person was involved in the defence deals during the NDA regime. It is now for the agency to find if any case is made out or not. The CBI will take an independent decision whether the tapes needed to be examined by forensic experts again,” he said.

The UPA government had given three months’ extension to the commission on July 4 last. The panel had got the veracity of the Tehelka tapes examined by a UK-based agency, which had concluded that they were not tampered with.

The Tribune broke the story on October 2