Radia tapes not innocuous, CBI must examine: SC

"We have gone through some of the transcripts of conversations. Some are innocuous but others are not innocuous. This needs to be scrutinised by a team of officers. It cannot be done by us," said a bench led by Justice G S Singhvi.

At the last hearing, the court had decided to examine the transcripts itself to ascertain if any "element of criminality" was involved in the conversations and accordingly pass further directions.

"We don't want any mud-slinging. The scrutiny should confine to the issues relating to elements of criminality and administration of justice," the bench said when senior lawyer Harish Salve, appearing for former Tata group chairman Ratan Tata, pointed out that privacy must be maintained since many conversations were personal in nature.

Tata has moved the court for action against those involved in leaking tapes of Radia's conversations with him since it infringed on his fundamental right to life, which includes right to privacy. However, another petition in the same case has asked for making the conversations public, claiming that a few leaked ones demonstrated illegalities and the nature of corporate lobbying that affected administration of justice.

The Income-Tax department, which had recorded Radia's conversations over 180 days, has placed transcripts of 5,800 intercepted conversations in 50 sealed envelopes in the court.

"There are different aspects of the matter. First question is to segregate the transcripts on the basis of their nature and then we would have to advert upon the criminality, if any, and the consequences," the bench said. "Once a criminality element is ascertained, it will have to go before a court of law. There could also be another set of conversation where there will be no criminality nor they will be personal in nature and we will have to examine them."

The court said it wanted to pass an order after asking the CBI to name officers, who could be made available to scrutinise the documents and segregate them on the basis of their content, but Additional Solicitor General H P Raval, who appears for the agency, failed to show up.

The lawyer assisting the ASG requested for an adjournment, to which the bench expressed its strong displeasure, underlining "this is not fair" and that the ASG should have understood which matter is important enough. It adjourned the hearing to February 13.

ALSO READ

Congress whip to its Lok Sabha members on Food Security Bill

Won't allow political interference in Presidency University: Mamata Banerjee

CBI arrests Ajay Garg, millionaire 'associate' of Bansal's nephew who supplied equipment to Rlys

Railgate: CBI banked on 1,000 intercepts before moving against Pawan Kumar Bansal's nephews