Author: Manoj Mitta
Publication: The Indian Express
Date: July 3, 2001
Files application saying don't make
our conduct the subject of your inquiry
Indraprasth, July 2 - In a surprising
twist to the Tehelka controversy, the portal has sought an ''assurance''
from the Justice Venkataswami Commission that its own conduct should not
be a subject of inquiry.
In a statement filed last month
before the Commission, Tehelka said it will extend all cooperation in the
inquiry provided it's assured that it won't be served with a notice under
Section 8-B of the Commissions of Inquiry Act.
This came to light today during
a hearing of the Commission when Additional Solicitor General Kirit Raval,
appearing for the Government, objected to the assurance sought by Tehelka.
Venkataswami said he would decide on the plea at a later stage.
A Commission is required by law
to issue the Section 8-B notice to every person whose conduct is likely
to come under scrutiny or whose reputation is likely to be ''adversely
affected'' by it. This notice also puts the person on guard and ensures
that he/she is given a fair opportunity during the inquiry.
Tehelka's argument is that it cannot
be clubbed with those who are alleged to have been involved in dubious
defence deals. The terms of reference of the Commission, however, make
it incumbent on Venkataswami to probe not just the defence deals but also
the manner in which Tehelka came up with the allegations related to them.
Tehelka's objection raises questions because the notice is as much a safeguard
to the portal as it is an indication that the bona fides of its investigation
will also be probed.
Since the inquiry is still at the
preliminary stage, the Commission is yet to issue the Section 8-B notice
to anybody. But that notice is likely to be served soon on several of the
politicians, bureaucrats, Army officials and defence dealers named in the
Tehelka tapes.