JAYALAKSHMI JAITLY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Ms.Jayalakshmi, Jaitly, has filed this writ petition, seeking quashing of the orders dated 14.9.2001, 12.10.2001, 9.11.2001, 29.11.2001, 11.12.2001, 16.1.2002 and 22.1.2002, passed by the respondent Commission, namely. Justice K.Venkataswami Commission of Inquiry. The above orders are concerned primarily with the authenticity of the tapes, the request for their forensic examination and the order in which the witnesses and 8-B noticees are to be examined.

(2.) Petitioner, additionally, seeks an order for referring the alleged unedited camera original tapes of approx 105 hours duration for forensic examination by independent experts or a direction to the Commission to the same effect. Petitioner also seeks a direction to the respondent Commission to examine Mr.Mathew Samuel, Mr.Tarun Tejpal and Mr. Annirudh Bahai, 8-B noticees, prior to her examination. Petitioner had also prayed for provision of authentic and accurate transcripts of the tapes by independent experts, after forensic examination of the tapes being carried out. In this connection, it is to be noted that transcription of tapes having been undertaken under the supervision of Commission by the Central Government, the petitioner does not press the prayer for provision of transcripts.

(3.) Notice to show cause in the writ petition was issued on 4.2.2002 and counter affidavits have been filed by respondent Nos.3,4 and 5. Written submissions have also been filed by counsel for the petitioner as well as on behalf of respondent Nos.3,4 and 5. Counsel for the parties have also been heard at length and Judgment was reserved on, 8.5.2002. For the facility of reference, the challenge in the impugned orders of the Commission as well as the prayers made in the writ petition, can be considered under two broad categoriest (i) Order in which witnesses and 8B noticees including the petitioner and respondents 3 to 5 are to be examined; and (ii) Unedited camera original tapes to be sent for forensic examination.