Tehelka case handed over to CBI

Miscarriage of justice: BJP

Although the Justice JS Phukan Commission of enquiry that is investigating the Tehelka case has submitted an interim report, the government on Monday announced that the enquiry would be handed over to the Central Bureau of Investigation (CBI), that comes under the jurisdiction of the Prime Minister.

Law Minister HR Bharadwaj made this announcement yesterday. The term of the Phukan Commission ended yesterday. The Bharatiya Janata Party (BJP) reacted strongly and asked what the status of the interim report finalised by a retired judge, was, now that the government had practically declared it did not believe it.

Soon after Pranab Mukherjee had taken charge of the defence ministry, he had said at a press conference that cases being investigated in his ministry would be pursued only if there was fresh evidence. There would be no witch-hunting, he had said.

Notwithstanding this assertion and that the law minister has only limited jurisdiction over the CBI, Bharadwaj said an independent investigative agency would probe the Tehelka episode and the tapes as they "reveal the involvement of personalities" in the defence deals where bribe had alleged to have been paid.

The Cabinet committee on political affairs decided to have the Tehelka tapes investigated by an independent agency as the previous government had done nothing to investigate the "personalities" who were shown on the tape accepting bribe, he said.

He said the CBI would investigate the matter as the NDA government had tried to "shield" the then Defence Minister George Fernandes, who resigned when the alleged bribery scandal came to light.

Hinting at then Samata Party leader Jaya Jaitely, Bhardwaj asked how a private person could function from the house of the then defence minister. "The ministerial bungalow was used by a private person. Why did the NDA government not probe its misuse?", the law minister said.

Instead of actually having a probe, the government of the day, Bhardwaj said "wanted to delay the probe by raising questions about the veracity of the tapes and the motive of journalists in carrying out the sting operation. It wanted to shield the culprits."

The government would hand over the Tehelka tapes and documents to the CBI which would examine in what circumstances the personalities came to be videotaped during the sting operation, Bhardwaj said.

Asked about the fate of the interim report of the Phukan panel, which had reportedly given a clean chit to Fernandes, the minister said the report never talked about any clean chit to him. Asked whether the agency would register an FIR, he said after examining the tapes, the CBI would decide the further course to be adopted.

Predictably, the move got a blistering reply from the BJP. "This is politically motivated and the BJP criticises it. The Prime Minister and the government have always tried to side-track the issue of tainted ministers in the government by raking up case against Uma Bharti and now winding up the Phukan Commission.

"Instead of a determination by a judicial tribunal, an executive agency will now decide the case. What will happen to the report by the panel? Does that count for nothing? This is gross miscarriage of justice," said Arun Jaitely.