NEW DELHI, 7 October 2004 — The Delhi High Court yesterday reversed a trial court order dismissing Janata Dal-United leader Jaya Jaitley’s complaint against Tehelka.com CEO Tarun Tejpal.

Jaitley had alleged that Tehelka.com had defamed her by publishing an article on his website about the Tehelka expose in 2001.

Justice R. C. Chopra allowed Jaitley’s appeal against the July 2003 order of Metropolitan Magistrate Gulshan Kumar on the basis of a recent Supreme Court ruling that magistrates cannot recall their summoning orders.

The trial court, which had initially issued summons to Tejpal on the complaint filed by Jaitley under Sections 499/500 of IPC (criminal defamation), later recalled his order and dismissed her complaint.

After yesterday’s order of the High Court, the trial court would go ahead with the hearing against Tejpal.

However, Justice Chopra made it clear that Tejpal could approach the High Court under Section 482 of the CrPC.

During the proceedings yesterday, Malhotra admitted that the magistrate’s order in favor of his client was based on the 1991 judgment of the Supreme Court in K. M. Mathew Vs. State of Kerala. This was no longer a good law as it has been expressly overruled in Adalat Prasad Vs. Rooplal Jindal, he said.

Meanwhile, Prime Minister Manmohan Singh yesterday justified the decision to scrap the S. N. Phukan Commission, probing the Tehelka expose on defense deals, and asserted that his government was not working in a vindictive manner.

“Phukan Commission has not been able to produce a report in three years. What is the guarantee that it will come out with a report after getting an extension of another three months sought by it?,” Manmohan asked when quizzed about disbanding of the commission and handing over the matter to the Central Bureau of Investigation.

“We played the game straight and the government is not working in a vindictive manner,” he said.

Manmohan said, “India is a poor country and it should be taken into consideration whether to add burden by extending the terms of these commissions.”

Union Minister for Information and Broadcasting S. Jaipal Reddy has also justified winding up of the commission, saying, “It (the decision) is in conformity with the stand taken by the party”.

Even during NDA rule, his party had demanded a CBI probe into the episode, he told reporters here. “We also need to note that the defense personnel who figured in the case have been punished, based on the same (Tehelka) tapes. You can`t have two stands, one for defense personnel and another for politicians,” he said.

He said that it was only George Fernandes, Bangaru Laxman and Jaya Jaitley who had alleged that the Tehelka tapes were doctored. However, the Justice Venkatasamy Commission and foreign experts to whom the tapes were referred during the NDA government’s reign, had all stated that they were genuine.

“So if the tapes are genuine, appointing an inquiry commission is a diversionary ploy, particularly when influential politicians are caught taking money, from immediate criminal action. It is a red herring of the NDA. Therefore, there is absolutely no point in NDA leaders criticizing the government decision,” he said.