The Hindu : Front Page : Tehelka Commission wound up

Online edition of India's National Newspaper
Tuesday, Oct 05, 2004

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Tehelka Commission wound up

By J. Venkatesan

NEW DELHI, OCT. 4. The Central Government today decided to wind up the Tehelka Commission headed by Justice S.N. Phukan and, instead, ordered a probe by the Central Bureau of Investigation (CBI) into all allegations of corruption, including those against the former Defence Minister, George Fernandes, and others mentioned in the tapes by the Tehelka portal.

The Union Law Minister, H.R. Bhardwaj, announcing the decision at a press conference, said the previous government had not done anything to investigate the "personalities" shown on the tapes. "We have informed the Commission that we are not interested in its continuance as the matter required to be probed by an independent investigating agency. There is no need for the Commission to submit its report."

Set up soon after tehelka.com's expose in March 2001, the erstwhile National Democratic Alliance Government set up the Commission headed by Justice K. Venkataswami, who resigned in November 2002. Thereafter, Mr. Justice Phukan was appointed to continue the probe and the last extension given to the panel ended on Sunday.

The Minister said the CBI would investigate the matter as the NDA Government had "tried to shield" the then Defence Minister, who resigned after the expose. Asked about the fate of the interim report of the Phukan Commission, which had reportedly given a "clean chit" to Mr. Fernandes, he said the report never talked of any "clean chit" to the then Defence Minister.

"The only thing the Commission has done so far is to send the tapes for forensic examination abroad and the report in this regard had said that the tapes were genuine. Once the tapes were found genuine, why would the Commission still inquire about the motive of the journalists who did a great service by bringing to public notice the widespread corruption in defence deals," he asked.

He said: "The then Government had to refer the matter to a Commission as it could not have afforded to move against some powerful people."

Asked whether the present United Progressive Alliance Government had lost confidence in the Commission, he said there was no question of losing confidence but as it was not mandated to interrogate the "personalities" referred to in the tapes, a decision had been taken to refer the matter to an independent agency.

In an obvious reference to Jaya Jaitly, Mr. Bhardwaj asked: "How could a private person function from the house of the then Defence Minister and talk about defence deals? Why did the NDA Government not probe the misuse of the ministerial bungalow?"

He said it had been the consistent stand of the Congress that "when there is concrete evidence in the tapes about corruption and bribe in defence deals, where is the need for a Commission to probe into it?" The Tehelka expose was a big event in Indian politics and the then Government 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.

Asked whether the CBI would register a case against Mr. Fernandes, he said the Government would give the Tehelka tapes and documents to the CBI, which would examine under what circumstances the personalities came to be videotaped during the sting operation and decide the course to be adopted.

He said the NDA Government had wasted money by setting up the Commission.

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