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Tehelka panel rejects Tejpal's plea

By J. Venkatesan

New Delhi Oct. 31. The Justice Phukhan Commission of Inquiry today rejected the plea of the Tehelka portal chief, Tarun Tejpal, to disclose the name of the foreign expert to whom the videotapes were sent for forensic examination.

In its order, Justice Phukhan said the Commission had decided not to disclose the name of the expert till the report was submitted to prevent any person from making any attempt to influence or pressure the expert. Also, the name need not be disclosed inasmuch as the expert would be available for cross-examination after the submission of his report.

Referring to the submission of Shanthi Bhushan, senior counsel for the portal, regarding lack of transparency owing to non-disclosure of the experts name the Commission said such a contention was misplaced. In any case, non-disclosure at this stage would not cause prejudice to any party, including the applicant, as the acceptability of the opinion of the expert would be decided only after he submitted his report and subjected himself to cross-examination.

Referring to the plea that the forensic examination could be conducted on the Commission premises itself, Justice Phukhan said that was not possible because it involved the use of highly sophisticated equipment available in the laboratory of the expert.

Mr. Justice Phukhan expressed his anguish over the tone and tenor of the averments made in the application, which he said had greatly disturbed the Commission. He also described as baseless the allegation that the Government was trying to influence the forensic examination.

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