SC wants Radia tape records by next week

Apex court wants records of home ministry as well as minutes of review committee which dealt with surveillance in 2008-09

The Supreme Court on Thursday directed the government to produce by Tuesday the complete original records regarding the tapping of lobbyist Niira Radia’s conversations with bigwigs, the crucial issue in industrialist Ratan Tata’s petition invoking right to privacy.  

The court wants records of the home ministry, as well as the minutes of the review committee which dealt with the surveillance in 2008-09. When the bench headed by G S Singhvi passed the order, additional solicitor general PP Malhotra said most of the records asked for had already been produced in the proceedings before another bench.

However, the judges insisted these be produced next week.

Earlier, Central Bureau of Investigation counsel K K Venugopal and Tata counsel Harish Salve agreed proceedings for contempt of court should be initiated against the newspaper which published the details of the investigative report given to the court in a sealed cover. Venugopal stated that none had a right to see the report except the court and CBI. So, there was “theft” and gross interference in the proceedings, which should be investigated.

Salve contended there was “appalling inactivity” on the part of the government and the CBI regarding the leak. The publication had “mocked” the court and grossly interfered with the proceedings, justifying criminal contempt action, he said.

The bench said it had not formed any opinion so far. The judges said there were 52 bundles of the report and they saw only part of it, asking a team to provide them the highlights. The team’s report indicated criminality in certain aspects. The judges insisted the leak could not have been from the court registry.

Prashant Bhushan, representing the Centre for Public Interest Litigation, said most of the recordings of 5,800 pages were in the public domain two years earlier. He argued the leak was in the public interest.

The arguments will continue next week.