Central lab to test Narada tapes

KOLKATA: The Calcutta high court on Friday directed the Central Forensic Science Laboratory, Hyderabad, to conduct the forensic tests of the Narada tapes and submit its report “as expeditiously as possible“, but not later than four weeks. The HC made it clear that it will not get into the legalities (of whether the electronic evidence is admissible), but wants to ascertain the veracity of the tapes first.
The order is likely to bring some succour to the beleaguered Trinamool camps since the hearing is likely to resume post the May 19 results.The party has been trying to battle the Narada fallout in poll-bound Bengal but the disconcerting voices -ranging from the donation theory to rethinking about re-nomination -has only queered its pitch.
Trinamool tried another attempt to fend off the controversies in the Parliament on Friday by questioning the “unknown sources“ funding all political parties.
A bench of Chief Justice Manjula Chellur and Justice Arijit Banerjee asked the director of CFSL, Hyderabad, to test the authenticity of the iPhone, laptop and pendrive used by Narada News and file a report in court in a sealed cover within four weeks.
The chief justice said the petitioners asked that the veracity of the video footage be subjected to tests, but the senior counsel (representing some of the MPs seen in the tapes) opposed it on the grounds that the PILs (seeking probe by an independent agency) aren't maintainable as per law. Moreover, electronic evidence isn't permissib le under the Evidence Act.
The chief justice said, “However, having considered the sensitivity of the issue, we cautiously discharged our duty to restore confidence of common people and allowed the prayer of the petitioner for preliminary enquiry of the electronic records to ascertain whether the devices were tampered, doctored or genuine.“
The chief justice mentioned that the HC-appointed of ficer informed the court that the “issue“ was recorded on an iPhone, then transferred to a laptop and stored in a pendrive.
Though the pendrive was submitted in court, the court observed that the laptop in question wasn't produced.Expressing displeasure over Narada News boss Mathew Samuel putting up a condition, the court directed him to personally handover the laptop to the CFSL director. The court had constituted the special committee to take possession of the footage and the recording device from Samuel in Delhi, after he, in an affidavit, said there was a “threat to his life“ if he came to Kolkata personally to hand over the tapes.
But on learning that Samuel, subsequent to handing over the tapes, had conducted a press conference in the city , Chief Justice Chellur expressed displeasure.
“If he can attend a press conference here, why can't he then hand over the laptop to the court personally?“ asked Chief Justice Chellur.
But when his counsel said that Samuel's personal appearance before the court may “compromise“ the safety of the device, the chief justice relented.
She then ordered, “Within seven days, in presence of court-appointed officer Jayanta Koley, registrar (original side), Samuel is directed to handover the laptop to the director of CFSL. Along with it, the iPhone and the pendrive would be tested to examine whether they are tampered, doctored or genuine. The report will be kept confidential, and handed over to Koley, who in turn will give it to the court.“