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This is an archive article published on July 13, 2005

Tehelka testimony fudged to protect accused, says govt panel

Q: You have made certain statements against Brig Iqbal Singh before the Army Court of Inquiry held soon after Ministry of Defence and Chief ...

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Q: You have made certain statements against Brig Iqbal Singh before the Army Court of Inquiry held soon after Ministry of Defence and Chief of Army Staff took cognisance of material released by Tehelka.com to the media on 13 March 2001 on Operation West-End?

A: Yes, but have said nothing against Brig Iqbal Singh.

Q: Were these statements based on the information given to you by Shri Matthew Samuel?

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A: Yes, partially but Matthew made allegations on someone’s advice.

The phrases in italics in the deposition of prosecution witness Aniruddha Bahl in the run-up to the Tehelka general court-martial (GCM) proceedings are not Bahl’s—they could have been added by Brig S S Gill who was recording the statement.

This is the conclusion of a forensic analysis, according to a report of the Government Examiner of Questioned Documents which was presented in the Court on Monday.

The report, a copy of which is with The Indian Express, addressed to GOC 2 Corps Lt Gen K D S Sekhawat, the convening authority of the GCM, claims that the recording of Bahl’s testimony was manipulated to give a clean chit to the accused.

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According to the report, the “scientific examination” of the “disputed documents” in different light arrangements has made forensic experts conclude that the “original dot representing the full stop after the word ‘Yes’ in reply to a specific question had been “altered to the existing stroke representing ‘Comma’ with an ink of different tint”.

And that the “succeeding writing reading ‘but have said nothing against Brig Iqbal Singh’ appears to have been written with an ink of different tint, vis-a-vis the original writing reading ‘Yes’, indicating thereby that the said writings are subsequent additions.”

This tampered answer was presented in the Court which the defence attributed to Bahl in response to a question asking Bahl whether he made certain statements against Brig Iqbal Singh before the Army Court of Inquiry.

In another case, the report mentions that the “relative size and spacing of various letters and words as found in the writings after the word ‘Yes’ is not consistent with that of the writings appearing before and after it, indicating thereby that the said writings are subsequent additions”.

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That the subsequent additions have been made by the same person who had initially recorded Bahl’s answers has also been established. Speaking to The Indian Express over phone from Patiala where he was cross examined by Defence Counsel Chandigarh-based R.S. Randhawa, Deputy Government Examiner of Questioned Documents Mohinder Singh said, “We have carried out thorough scientific investigations and have no doubt that all efforts have been made to tamper the initial recordings in a bid to subvert the truth. The suspected portions were subsequently added.”

The discrepancy first came to light when Bahl came to depose at the GCM on June 16 and the Defence Counsel wanted his comments on the recordings of the additional Summary of Evidence.

Subsequently, the GCM headed by Maj Gen P Khanna—GOC 1 Armoured Div—had forwarded a request to the convening authority for getting the recording of the additional Summary of Evidence investigated by experts.

Iqbal Singh is being tried for having allegedly accepting a bribe of Rs 50,000 from West End International representatives besides enjoying the hospitality of wine and women arranged by them in a Delhi hotel on November 5, 2000.

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