| BEYOND
BELIEF |
By:
Shoma Chaudhury
Hindustan Times
Yet again, the verdict is out. The Tehelka tapes are genuine. They
are not doctored. They are not overdubbed. The maddening thing is,
the exact same things were officially declared more than
three years ago. Not once, but twice. Very forcefully by
Justice Venkatswami, first on October 12, 2001, and then again in
January 2002.
But that was not enough. It is a measure of the Kafakesque world Tehelka
has inhabited that after it had spent more than 100,000 man hours
defending the tapes and co-operating in the Commission of Inquiry,
when Justice Venkatswami resigned in November 2002, the new judge
passed a new order exactly reversing the old one. Two years of the
inquiry process were laid to waste. The Tehelka tapes were sent for
forensic examination. Justice was delayed for one more year.
So for us at Tehelka - who have always known the tapes to be inviolably
true - along with relief, this new announcement brings a sense of
immense fatigue, exasperation and a list of very, very urgent questions.
We have paid the price for telling the truth. When is someone going
to pay for all the lies? Who will atone for the waste of tax payers’
money? Pay for all the damage done to Tehelka and its investor, First
Global; pay for the loss of life, livelihood, reputation and time?
How is the Government of India going to be made accountable to us?
When will attention shift to the guilty? Now that the final smokescreen
has been blown – will justice finally be done? What shape will
it take? What is the real role of the media in a democracy? And most
importantly, if something as incontrovertible as visual evidence
is not enough proof of crime, what hope is there for this country?
These questions need answers because they don’t just pertain
to us, they pertain to the very fundamentals of public life and justice
in India; they pertain to the nature of civil society itself. Everybody
should have some hard questions. The story of Tehelka is not extraordinary.
It could happen to anyone who stands by his conscience.
So first, the question about the Government and its accountability.
Since the day the Tehelka tapes were made public, the Government has
behaved in a monstrously immoral fashion. Instead of probing the guilty,
it manufactured an evil delirium of dishonesty and systematically
went about destroying Tehelka and First Global. The sordid tale of
false propaganda, arrests, raids, lies on sworn affidavits and obfuscation
is too well known and does not bear another telling. It was conducted
in full public eye.
What is less well known are these disturbing facts: the forensic report
itself was ready by April 8, 2004, and was scheduled to be made
public on the 22nd of April. When the NDA Government realised
the report had cleared the Tehelka tapes – what a dangerous
ticking bomb a month before elections! - it decided to suppress the
information till after the Lok Sabha election results. First
citing missing seals and then the unavailability of the foreign expert,
Justice Phukan postponed the announcement of the report to May 18,
2004, and then again, to June 21.
The NDA lost the election anyway. But what if it hadn’t? Would
the forensic report have ever seen the light of day? Or would the
seals and the expert have remained permanently unavailable?
Truth and justice have become a sad, sleazy political game. It seems
their cause can only be served by a pendulum of governments. Nail
the UPA, pray for the NDA. Nail the NDA, pray for the UPA. Five-year
plans for fair play. The official seal of the Democratic Sovereign
State of India has no sanctity of its own. No principle of continuity.
No morality. You cannot trust its documents, or its stands, or its
probes. Indians, it seems, are not entitled to a moral core.
We have repeatedly been declared genuine and innocent – by the
JPC, by the Inquiry Commission, by public opinion. Yet, First Global
has still not been able to restart some of its businesses, and the
government created such a virus of fear around Tehelka, no investor
would touch it for three years.
Should the Government – regardless of which party is in power
- be allowed to get away with such witch-hunts? We demand not. We
want a precedent set: we want material recompense.
The saga of the Tehelka tapes has become a powerful parable about
how a system subverts and destroys any inquiry into itself. Besides
the government’s raids and lies, there are two bogeys that have
hounded Tehelka for four years that need to be permanently defanged:
the allegation of ‘motives’ and ‘doctored’
tapes.
First, ‘motives’. When the tehelka story broke, the NDA
Government leapt about like a flock of turkeys squawking out theories
of motives: Tehelka was a Congress conspiracy, a stock market scam,
a Hinduja ploy, an ISI plot, a tribal insurrection, an alien take
over, anything. Since then, the aspersion of ‘motives’
have also been deployed against the Judeo tapes, the Jogi tapes, and
the tapes that caught some Ministers in Rajasthan. Then, and now,
one asks: how does the presence or absence of a ‘motive’
affect the corruption caught on tape? Does it in anyway falsify the
deeply embarrassing image of political leaders and army officers stashing
wads of money into their vests, pant pockets and desk drawers? Why
can’t we just concentrate on the issue at hand?
Next, ‘doctoring’. This is a much more germane point.
But in the case of the Tehelka tapes, a ludicrous one. Since the day
Tehelka broke its story, there has been an almost comic pantomime
of denials. At first everyone from Bangaru Laxman to the lowliest
army officers claimed that the image of them on the tapes was not
really them. When they found that was not getting them anywhere, they
said, okay, that’s me, but that’s not my voice; and then,
yes, that’s my voice, but those are not my words; and then,
yes, those are my words, but those are not my deeds; and then, yes,
those are my deeds, but I was drugged; and then okay, I wasn’t
drugged but they had motives.
On and on, a sad platoon of acrobats, flipping, flopping, contorting.
Crucially though, none of them denied their actual presence or
action of taking bribes within the Commission. All the quibbling
has been over transcribing errors. Given that there was close to 100
hours of footage, minor transcribing errors were inevitable. The Commission
and government separately transcribed the tapes – there were
discrepancies even in those. The key point though is that as Justice
Venkatswami himself said in his order of October 12, 2001, even
if one were to grant these discrepancies, they do not in any way
affect the main visuals on the tapes. In fact, even if one were to
concede the specific instances being quibbled over by the
dramatis persona on the tapes, the story of their corruption would
not change.
Which brings one to the role of the media. When things are flagrantly
wrong, isn’t it important for the media to take stands? To a
large extent, ever since Tehelka broke its story, much of the media
has restricted itself to a sort of charade of playing a fair referee
– merely reporting rather than uncovering or ascertaining.
Even now that the forensic report has been declared, many TV channels
and papers have been reporting that the tapes are not “doctored”
but were “edited” – leaving a kind of ambiguity
about what that editing entailed.
Given that the version of the story made public was four hours in
length, and the original tapes run for hundred hours, it would seem
commonplace that the Tehelka tapes were “edited”! All
news reports are edited. But were they “maliciously” edited?
Frankly, Jaya Jaitly and her ilk deserve no response. What can one
say about a woman who says she accepted a packet of money from arms
dealers because she thought it was a box of sweets? Suffice it to
say that the only way they can even allege any malicious
editing is by comparing Tehelka’s four-hour tape with Tehelka’s
own hundred hour tapes, submitted by Tehelka itself to the Commission!
If we had “maliciously” edited or concocted a story, would
we provide evidence against ourselves?
Often, a journalist’s job is to go beyond reporting. It is to
nail wrong-doing. In the case of the Tehelka tapes and they way they
have been subverted, there is a public paper trail the length
of the Grand Trunk Road. In case anyone’s interested.
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