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Winding up of the Tehelka Commission |
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The Central Government has decided to wind up the Tehelka Commission of Inquiry headed by Justice S.N. Phukan and instead ordered a probe by the Central Bureau of Investigation (CBI) into all allegations of corruption. The allegations include those against former Defence Minister George Fernandes and others mentioned in the tapes by the Tehelka portal. Law Minister H.R. Bhardwaj said the previous Government had not done anything to investigate the personalities shown on the tapes. He said the only thing the Commission had done till now was 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 motives of the journalists who brought to public notice the widespread corruption in defence deals. Bhardwaj alleged that the then Government had to refer the matter to a Commission as it could not have afforded to move against some powerful people.
Reacting to the winding up of the Commission of Inquiry, Justice Phukan said the panel never tried to protect any political personality and it would have submitted a comprehensive report within three months had it been granted an extension. While refusing to comment on the probable motives behind the UPA Government’s decision not to extend the tenure, Justice Phukan asserted that the Commission had already submitted the final report about 15 sensitive defence deals relating to the period 1990 to 2000.
Former Defence Minister George Fernandes has described the Centre’s decision to scrap the Phukan Commission as Bakwas (humbug).
The National Democratic Alliance has alleged that the Central Government move was part of a UPA-sponsored witch hunt whereby leaders associated with the previous government were being targeted. The BJP termed the decision as being motivated by political considerations a “miscarriage” of justice. The party said the move was intended to divert people’s attention from the issue of “tainted” Ministers raised by the NDA. Janata Dal (United) leader Jaya Jaitly, whose name also figured in the Tehelka inquiry said the UPA Government was afraid of the truth coming out of the inquiry commission. She claimed that there was no evidence to suggest involvement of any of the NDA leaders including George Fernandes in any arms deal.
The Prime Minister has asserted that the there was no vindictiveness in the decision to scrap the Phukan Commission.
The Congress said the NDA-BJP leaders had been trying to delay the probe and shielding the accused in the Tehelka expose. Party spokesperson Abhishek Singhvi said the BJP leaders refused to take any concrete action even though the then party president, Bangaru Laxman, was caught accepting bribes on camera.
Several newspapers have come out with editorials on the issue. The Hindu has said that on the face of it the decision of the Central Government to get the Tehelka allegations investigated by the CBI and to wind up the Justice Phukan Commission of Inquiry makes good sense. While dealing with allegations of corruption in high places a straightforward investigation by an official agency is certainly preferable to an inquiry by a commission. It is more than three years since the inquiry began on the news portal’s sting operation that provided dramatic video footage showing some politicians of the National Democratic Alliance and senior Army officers accepting or agreeing to accept payoffs for pushing through an arms deal. The NDA Government seemed to be merely marking time on the Tehelka affair waiting for it to fade away from public memory. The United Progressive Alliance Government cannot be faulted for expressing lack of confidence in the Phukan Commission’s functioning. However, it could have been more graceful in resolving the matter by setting an early and firm deadline for the submission of the final report.
The Telegraph says that the Commission appointed by the previous Government to look into the allegations based on the Tehelka tapes spent three and a half years investigating the matter, but did not provide any kind of answer. The time spent by the Commission is a little bewildering for the layman. If the tapes were genuine, there was a prima facie case for at least a stricture on the two individuals involved since they had been engaged in an act of gross impropriety. While no such stricture was forthcoming the executive went on an overdrive to harass in all sorts of ways the staff of Tehelka.
The Tribune has written who will shed tears over the scrapping of the S.N. Phukan Commission inquiring into the defence scam expose by Tehelka. The very purpose of the inquiry was to obfuscate and thereby save the skin of some of those involved in it. The terms of reference of the Commission were shocking as they empowered it to inquire into the motives of the journalists concerned. In no other case, journalists’ motives had ever been inquired into. While no case has so far been registered against any of the politicians involved in the scam, some defence officers are now facing court martial proceedings. In other words, there are different yardsticks to measure the guilt of politicians and defence officers. Seen against this backdrop, it is only fair that the Government has entrusted the case to the CBI for appropriate action. It is incidental that the Opposition will take a dim view of the decision which it has termed as vindictive in nature. Alas, this cannot be helped.
The Pioneer on the other hand has criticised the Central Government’s action. It says that the Government appears to have shown that truth is relative and justice a prerogative of power wielders. “Why then should two rules not apply, one for tainted UPA Ministers accused of murder, mayhem and merry-making with mafiaosi, the other for NDA leading lights who have so far proved untaintable ? The paper further says the inquiry panel, accorded an extension only in July, was about to reveal its findings on the Tehelka expose. If Justice Phukan gave former Defence Minister Fernandes a clean chit midway, his final report cannot but deserve pre-natal burial. Whether its contents would have taken the sting out of the NDA-targeting sting operation, must stay a state secret in the public interest,” says the paper
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