NEW DELHI, 6 October 2004 — Justice S.N. Phukan yesterday said it was the prerogative of the federal government to scrap the commission headed by him to inquire into the Tehelka expose on defense deals, but made it clear he was not told about it. Phukan was reacting to the government’s decision late on Monday to scrap the commission and ask the Central Bureau of Investigation to inquire into the case.
“I have nothing to say at this moment as I have not received any communication — not even a telephone call — from the government about this,” he told reporters.
Law Minister H.R. Bharadwaj announced the government’s decision on Monday not to extend the term of the commission, which expired Oct. 3.
Phukan said he did not seek the post of chairman of the commission. “It was the government which appointed me”, he added.
On the government’s decision to hand over the probe to CBI, Phukan said: “The agency can register a case provided a cognizable offense is made out.”
He said he had not yet seen the notification scrapping the commission and entrusting the matter to CBI to probe into the Tehelka expose and the role of “various personalities” videotaped during the sting operation carried out by tehelka.com.
Announcing the government’s decision, Law Minister Bharadwaj alleged that the previous National Democratic Alliance government had “misdirected” the inquiry as it wanted to “delay” and “shield” then Defense Minister George Fernandes.
“The matter will now be probed in detail by the CBI in an independent manner and the government will provide it the tapes used in the sting operation conducted by the web portal Tehelka,” he said.
After getting the tapes from the commission, the government will forward them to the investigating agency, he said. “It is for the CBI to decide the course of inquiry including the registration of the first information report.”
Bharadwaj said the government would like the CBI to conduct the probe speedily, but gave no time frame.
Asked about the fate of the interim report of the Phukan Commission, which reportedly cleared Fernandes of any wrongdoing, the minister said the report did not comment on Fernandes. “The only thing the commission has done so far is to send the tapes for forensic test abroad and the report in this regard said that the tapes were genuine,” he added.
Bharadwaj said that once the tapes were found genuine, there was no logic in the commission inquiring into the “motive of the journalists” who did a great service by bringing to public notice the widespread corruption in defense deals. “The NDA Government had no desire to go deep into the matter because of the involvement of certain personalities,” he said, in an apparent reference to Fernandes and Bangaru Laxman.
Bharadwaj said the government was thinking about bringing about legislation to stop “witch-hunting” against journalists who report about corruption in high places and public life. “Such legislation will also help in giving protection to witnesses,” he added.
Asked whether the United Progressive Alliance government lost confidence in the commission, he said there was no question of losing confidence in the commission. As the commission was not mandated to interrogate the “personalities” involved in the expose, it was decided to refer the matter to an independent investigating agency.
Tehelka CEO Tarun Tejpal reacted cautiously to the government’s decision. “Only time will tell whether the probe (by the CBI) will be just and fair. Our stand had been consistent through out: We wanted to have a fair inquiry from day one,” he said.
However, he was severe in his criticism of the commission, saying it was “not interested in finding the truth”.
