Bhushan CD genuine,we want to close case: Police

The closure report,filed by police in the court of Chief Metropolitan Magistrate Vinod Yadav at Tis Hazari on August 26,stated that the contents of the CDs were genuine and had not been tampered with.

The Bhushans,who are key members of the team spearheading the Anna Hazare-led campaign for the Jan Lokpal Bill,had described the CD as “fabricated… intended and manufactured to defame” them.

In the closure report,police said that the conversation between Shanti Bhushan and Yadav took place through a landline phone at the house of Amar Singh.

“He (Amar Singh) admitted that few years back Shanti Bhushan had visited his house from Hotel Taj Mansingh while Virendra Bhatia,the then Advocate General of UP government,was also present there. During discussions regarding some case of Mulayam Singh Yadav pending in Allahabad High Court (maybe a case of defection against Yadav) Shanti Bhushan wanted to talk to Yadav. Then he (Amar Singh) connected him to Mulayam Singh Yadav and left the room after handing over the phone receiver to Shanti Bhushan. He could not listen to the conversation between them. This conversation took place on the landline phone of his house,” stated the closure report.

Police relied on reports from two laboratories,Central Forensic Science Laboratory (CFSL),Delhi and Indian Computer Emergency Response Team (CERT-In),while filing the closure report.

A third report by Chandigarh’s Forensic Science Laboratory (FSL),which said that the CD had been tampered with,was not made a basis for the closure report.

Reacting to the development,Shanti Bhushan said: “It is a clear case of cut and paste job. The conversations have been bodily lifted from the CDs submitted in Supreme Court in 2006 between Amar Singh and Mulayam Singh Yadav. Some very powerful minister and politician seems to be behind this decision of Delhi Police to close the case. They are not investigating the case properly. Police never recorded the statement of Singh and Yadav under Section 161 CrPc. The Police Commissioner is acting under some pressure.”

“Why haven’t they taken into account the report of the Chandigarh laboratory,which said that the CD had been doctored? The post of the Director of CFSL,Delhi,which gave a report that the CD was not tampered,has been made a permanent one,earlier he was working on ad-hoc basis,” he said.

Shanti Bhushan had lodged a complaint with the IP Estate police station on April 14 this year,stating that a CD containing the purported conversation was doing the rounds to defame him. In the complaint he mentioned that he got to know of the CD when a correspondent of The Indian Express came to seek his reaction on the contents of the CD. He himself submitted a CD to the police. Police also collected the CD submitted to the office of the Chief Justice of India by The Indian Express. Examination of both CDs,police said,found them to be genuine.

“CFSL Delhi,in respect of the CD provided by the complainant and the CD delivered to The Indian Express,which was obtained from the office of Chief Justice of India,are the same as the recorded conversations in both the CDs are not tampered with,” the report said.

“From the evidence collected during the course of investigation in form of expert opinions,there is neither substantial nor corroborative evidence to prove the commission of offence,within the meaning of Section 469 (forgery for the purpose of harming the reputation of any person) IPC. It is,therefore,prayed that the case may pleased be cancelled,” the closure report stated.