The Hindu : Forensic examination of Tehelka tapes ordered

Online edition of India's National Newspaper
Saturday, May 10, 2003

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Forensic examination of Tehelka tapes ordered

By J. Venkatesan

NEW DELHI May 9. The Centre today scored a major victory when the Tehelka Commission ordered detailed examination of 16 video tapes by a forensic laboratory so as to ascertain whether they are Hi8 camera originals or they had been subjected to interpolations, doctoring or tampering or editing, etc.

Justice S.N. Phukhan, head of the Commission, thereby reversed the earlier orders passed by his predecessor, Justice K. Venkataswami, rejecting such pleas from the Centre, the former Samata Party president, Jaya Jaitly, and others.

The panel said that the videotapes submitted by the portal and in the possession of the Commission were primary evidence and foundation of the present inquiry. The truth with regard to these tapes had to be found for proper inquiry.

The instances pointed out by the applicant, Ms. Jaitly and others had created serious doubts in the mind of the Commission that the tapes submitted by the Tehelka portal might be tampered and/or not camera originals, the panel said.

Justice Phukhan said that this view was not only based on the evidence on record but also based on watching the tapes and demonstration made by experts and this doubt had to be removed. And without detailed forensic examination it could not be opined as to whether the tapes were doctored or not.

He said, "you cannot make an omelette without breaking the eggs. The lid of doubt has to be carefully opened and the veil lifted, so that the face of any doubt of falsehood disappears and truth comes out victorious".

"This is more so in view of the fact that videotape evidence has the ability to erase and re-use the recording medium. It is because of this reason, courts have held that such evidence has to be received with caution."

Further, the advancement of technology had enabled experts to make words, sounds and songs emerge from the lips of people who could never possibly have uttered them. It was because of these factors that video and audio evidence in the new technology-savvy world need to be handled more carefully, more so in view of the speed in which technology was developing.

The Commission said that in any case no prejudice would be caused if the tapes were sent for forensic examination and ordered that the 16 tapes which raised doubts be sent for forensic examination.

The panel asked the Centre and other noticees to inform by May 19 the names of the organisations or laboratories which would take up this examination, the time taken for this purpose and the cost involved in this exercise to enable the Commission to pass appropriate orders during the next hearing on May 23.

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Adjourned