NHRC seeks CBI probe into Tehelka tapes

NI Wire

New Delhi

Wed, 02 Apr 2008: 

Taking suo moto cognisance on the report related to post-Godhra riots in Gujarat telecast on Aaj Tak under the caption of ‘Operation Kalank’ the NHRC has issued notice to the Central Government to direct CBI inquiry into the authenticity of Tehelka tapes.

The National Human Right Commission (RC) said the disclosures augur ill for the future of the human rights in the country and so it has decided to direct a CBI probe for establishing authenticity of the tapes and the allegations made in ‘Operation Kalank’ marked with the repeated highlights of ‘ghosts of Post-Godhra carnage in Gujarat never seem to die.

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‘Operation Kalank’ was the outcome of the sting operation conducted by a team of Tehelka reporters, which was telecast by a news channel AAJ Tak on October 25, 2007.

The programme was equipped with confessions of some persons belonging to a particular community who implicated themselves and also of many state functionaries of Gujarat in the unleashing of carnage on the minority community and eventually established the riots were state-sponsored. A Bajrang Dal state member shamelessly felt proud by saying how he sliced the stomach of a pregnant woman.

The NHRC, following the telecast of incident, had advised the state government to recommend the Centre for a CBI investigation.

The state government however did not agree for the inquiry carried out by the CBI as it said the episode was already under probe by the Nanawati commission appointed under the Commission of Inquiry Act. It contended that such a demand would be a clear interference as per the provision of the ‘Protection of Human rights Act,’ 1993. It also argued that CBI probe into the alleged exposure by the telecast of ‘Operation Kalank’ was not essential in-as-much-as in respect of various incidents and offences reflected in the telecast. It said necessary actions have already been taken and trials are pending.

Infuriated over the Gujarat government responding the NHRC issued an order, which says, "The Human Rights Commission is vested with a moral authority to secure the compliance of its recommendations with the aid of public opinion. Thus, we are convinced that the jurisdiction of NHRC is not ousted merely because the Justice Nanavati and Justice Shah Commission are seized of cognate issues."

Besides the Commission pointed out that since CBI is an investigative agency constituted under the Central Government so it needed to obtain the concurrence of the Centre to lend its services and was not bound to State Government. Moreover, the commission has asked the state government to cooperate in the investigation.

Investigative weekly Tehelka in its report published on October 25 last year claimed that the massacre of Muslims in post-Godhra riots was not a spontaneous but genocide planned and executed by the top functionaries of Sangh Parivar, Shiv Sena and the state authorities with the sanction of Chief Minister Narendra Modi.