Taking money does not prove it is a bribe, says HC

He has also been told to mention the source of the money used for the sting operation and details of the person, who contacted the political leaders shown in the video.

A Division Bench, comprising acting Chief Justice GC Gupta and Justice Arijit Bandyopadhyay, observed that the sting tapes were only the climax of the entire episode. It observed that a probe by a particular agency could be ordered only after ascertaining the steps followed to reach the climax.

The court observed that a video footage, showing someone taking money, did not prove that he had accepted a bribe. It further noted that the one, who had actually shot the video, would be the right person to divulge details on the sequence of events as shown in it. Only he can say why the money was given and what was the backdrop, it observed.

A PIL was filed before the High Court, calling for a CBI probe into the controversial video, which showed some political leaders taking money.

In the previous affidavit, dated March 22, the court had asked Samuel to declare that the video was genuine and not doctored. The Narada News CEO had also been told to submit the antecedents of the company – including its registration date, details of its owner, shareholders, people party to it and its funding source. He was also directed to produce the unedited video and the devices used to shoot it.

The High Court had sent the Narada sting tapes to Chandigarh CFSL, after its counterpart in Hyderabad had expressed its inability to analyse the genuineness of the recordings. Samuel had claimed that the alleged sting operation had been recorded using an iPhone, transferred to a laptop and then to a pendrive – all of which were sent by the high court to CFSL, Chandigarh.

Meanwhile, the court has extended interim relief for Samuel. Samuel said he learnt about the court’s order from one of his counsels. “I will give it (details of the sting operation) to the court,” he said.