Radia ‘s and Tata’s claim to privacy does not hold water as their words involve policy making, attempt to bribe(refer perambalur Hospital equipment),controlling news, controlling media Funds and general disregard for Democracy in as much as they seem to manipulate Governmental policies,they , who have not been elected by people.
The sheen of sleepless night of Tata on hearing about is lost when one hears about him in the tapes as well as his donation to Raja’s Constituency.
As to Radia less said ,the better.
Ordering IAS Officers, manipulating media, influencing policy decisions and brazen attempt to fix a price for every thing.
rivacy is a right for private persons and also for private affairs of public persons. It is illogical and unreasonable for public persons to claim privacy for their public activities such as governance, policy making, industry, corporation, formation of ministry and politics. Privacy should not be mistaken with secret business operations causing harm to public institutions. Once a crime is committed, the suspicious persons need to be interrogated or investigated. Those suspected or involved cannot claim privacy and ask for protection of their identity, criminal secrets as privacy as part of right to life.
Secret lobbying behind 2G spectrum corruption has to be probed into. Looking into authorized recorded tapes is a required and legitimate process, particularly if it involves the conversation of big people with political lobbyists, which insist on somebody to be made or not to be made the Telcom minister. If these tapes are blocked, the rich and powerful brokers would get emboldened to adjust the deals to escape from the long hands of law. Right to privacy is not secrecy or facility for hiding unethical deals and cornering state wealth through manipulations. If criminals or suspects seek this right no crime could be probed anywhere in the world.
If Mr Ratan Tata, Ms Barkha Dutt, Mr Vir Singhvi and others who figured in Radia tapes and Ms Niira Radia herself feel defamed by these revelations, they can test their right to reputation by suing the publishers. Certainly they do not have Article 21 protection here. That right is available for victims of crime but not to criminals or their helpers.
Privacy is an undefined right implied in Right to Life in general. It means the right to be let alone and its object is to protect inviolate personality. It can be regarded as a fundamental human right as the presumption that individuals should have an area of autonomous development, interaction and liberty, a “private sphere” with or without interaction with others and free from State intervention and free from excessive unsolicited intervention by other uninvited individuals. [1]
Take a recent case in the UK where the media’s right to publish certain matters like names of accused was upheld in the general interests of public. Under the UK Human Rights Act 1998, Article 8.1 requires public authorities, including the court, to respect private and family life. Three claimants (brothers) were designated under the Terrorism (United Nations Measures) Order (SI 2006 No 2657) as persons whom the Treasury suspected of actually or potentially facilitating terrorist acts. Asset-freezing orders were made against these claimants. As other appellate courts confirmed these orders, the case reached Supreme Court, where it was held that the general public interest in publishing a report of the proceedings in which they were named was justified curtailing their rights to private life.
A report on a study [2] on the interface between public interest, media and privacy for BBC and other State Commissions of UK concluded with a suggestion of treating public interest as an exception to privacy: The general public put great value and importance on media information or coverage which promotes the general good, for the well-being of all. These include the identification of wrongdoing and of the wrongdoers themselves, with the media acting as guardians of shared moral and social norms. Under these conditions, and with suitable regard to the relative severity of the individual case, individuals’ privacy can be intruded upon – in extreme cases it should be – in the name of the greater good. [3]
Here Radia talks to Chandolia on the ways the Tatas can fund a hospital in Perambalur, A. Raja’s hometown. Later, the Tata Foundation allotted Rs 9 crore to upgrade hospitals in the district.
‘(Tatas) can provide either equipment or some wards.’
NR: I did speak to Krishna Kumar, I did speak to him, he was supposed to tell the…take the…you see, let me tell you where they are coming from…they’re going ahead, they want to do that, they (are) doing the hospital in Perambalur, no problem right? But what they want to do is, and because the charter of the trust allows them to do it only in a particular manner, what they have to do is, they have to provide equipment for the hospital.
RKC: Okay.
NR: Or they provide say, certain wards, they’ll build certain wards or something. So the letter that we have to do, it’s not a cheque-cheque that we give, we actually have to give a letter, and based on that letter, when they start working on the hospital, on certain areas that I decided, between the wards or equipment, then those disbursements start happening.
RKC: Okay, toh aap ek kaam karo na, you just talk…call him, minister…
NR: Hmm.
RKC: And tell him, because he was waiting your call…
NR: He’s waiting my call?
RKC:Haan, haan.
NR: Okay, has he left for Chennai or is he still here?
RKC: Nahin, he is in Chennai.
NR: He is in Chennai, is it?
RKC:Haan, haan.
NR: When will he come back?
RKC: He’ll come on Monday.
NR: He’ll come on Monday. Okay, I’ll have a word…
RKC:Aap baat karke mujhe bata dena aapki baat ho jab.
NR: Okay. I’m sorry maine phir uske baad phone nahin kiya, kyunki kal hi jaake baat hui hai.
RKC:Haan, haan.
NR: So I…I…that’s what he said to me, I just wanted that clarity. Toh maine kaha jo bhi hai, tum (unclear) leke jaake submit kar do na, do a nice photo-op and all that. Maine yahi usko bola tha.
Confirming that he had received a letter from the CBI, Mr. Raja told journalists that he was in Chennai for “personal work and health check-up.” He had immediately sent a reply to the agency that he would appear before the authorities at a date convenient to the CBI. It was up to the CBI to indicate the fresh date.
He maintained that he was neither evading the law nor hiding. Mr. Raja also said that he would not seek anticipatory bail as he was not an accused.
On his recent meetings with Chief Minister M. Karunanidhi, he termed them the usual between the leader and a cadre.
This brief conversation illustrates Radia’s sense, or even knowledge, that her phone is being tapped. This is a recurring theme in earlier conversations too. The Raja she is speaking to asks her to call from her a Tata phone. “This phone is OK, naa?” responds Radia. Raja replies: “This one is fine, it’s not in my name”.
Nita bhaabhi wants a conference call,” Srini tells Radia. The problem in hand: How an interview with Society (done by Shobhaa De) hasn’t gone according to script. “Between me and you, we had got an edited version to be posted in Hello,” he says. But an unedited version of the interview appeared on De’s blog, which worries them all. Giving tips on how to manage the media, Radia says that “Mid-Day is totally under control through the relationship that we have through the Tatas.” [On the same subject, please see, in the first lot of 140 tapes, # 35and#
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