TARUN J. TEJPAL Vs. JAYALKSHMI JAITLY

JUDGEMENT

(1.) CORRUPTION in this country has become a menace. Various measures are taken to curb this combination. However, it remains unabated. Most of the time these acts are done behind the closed doors and therefore they do not come to light. Notwithstanding the efforts of right minded people in the Government and the law enforcing agencies to apprehend the culprits. Notwithstanding the efforts of ace journalists and media persons to unearth such scandals. Even when some semblance of evidence is procured that may not be sufficient enough to nail the erring officials/persons. A new methodology has now been adopted by some journalists which has come to be known as 'Sting Operations'. It all started with the first such operation conducted by the petitioners herein and the side effect of that is the present case. Petitioner no. 1 is the Managing Director of the petitioner no. 2 namely M/s. Tehelka Com. Ltd. He is also Managing Director and Editor in Chief of an electronic news portal TEHELKA. COM. It is the case of the petitioner that in their first sting operation, the Tehelka team uncovered organized fixing of international cricket matches. Encouraged by this operation, the Tehelka team secretly filmed meetings with business wheeler dealers, politicians and serving and retired army personnel, while pretending to be arms dealers. The idea was to expose the deep rooted, multi level corruption in matters relating to equipment purchases for the armed forces. The petitioners named this operation as "OPERATION WEST END" and it was released to print and electronic media on 13.03.2001. The secretly filmed footage, interalia, showed politicians accepting bribes in money for favours promised to be done. This created huge ripples. The then President of Bharatiya Janta Party Mr. Bangaru Laxman resigned from his post. The Army initiated action against its senior officers who were seen on the tapes. The Government of India set up a one man commission of inquiry under the Commission of Inquiry Act, 1952, to look into all aspects connected with the making and publication of the secretly filmed video tapes.

(2.) AS was expected, the persons who are shown in these tapes have denied these tapes as "rubbish" and their allegations are that these video tapes are doctored.

(3.) BROADLY the article touched, inter alia, the following issues: