In a curious turn of events, the Cabinet Committee on Political Affairs (CCPA) last Friday decided to hand over the case to the CBI. Incidentally, the decision was taken hours after the Centre told the Phukan Commission that it did not have the mandate to probe the motive of Tehelka. ET had reported the decision to hand-over the case to the CBI.

That Mr Fernandes was the target was apparent when law minister HR Bharadwaj told reporters that the previous NDA government had "misdirected" the justice SN Phukan Commission, whose term came to an end on Sunday, as it wanted to "delay" and "shield" the then defence minister.

The law minister without taking any names, questioned the rationale behind a private person, referring to Jaya Jaitley, staying in a ministerial bungalow, that of Mr Fernandes. "How could a private person function from the ministerial bungalow of the then defence minister? Why did NDA government not probe the minister?," he asked.

"The CCPA has decided not to extend the term of the commission headed by justice SN Phukan, which expired on October 3," Mr Bharadwaj said at a press conference

The CBI has been asked to conduct an "independent" and "speedy" probe into the expose on deep-rooted corruption in the defence ministry and the government would provide the video of Tehelka's sting operation.

On whether the UPA government had lost confidence in justice Phukan, he said it was not a question of losing confidence, but as the commission was not mandated to interrogate the "personalities" figuring on the video, the government handed over the matter to an independent investigating agency.

It is learnt that the CBI has also been directed to examine under what circumstances important personalities were filmed by undercover reporters working on Operation Westend.

The minister said that the interim report submitted to the earlier government never gave any clean chit to Mr Fernandes, when asked to comment on justice Phukan exonerating the former defence minister in an interim report.

"The only thing the commission has done so far is to send the tapes for forensic test abroad and the report in this regard had said that the tapes were genuine," he added.

Mr Bharadwaj said once the veracity of the tapes were established, why would the commission still inquire into the "motive of the journalists," who did a "great service" by informing people about the widespread corruption in defence deals.

"It was the prerogative of the government to scrap the commission. I have not been communicated to.

Nor have I received any phone calls," justice Phukan commented. He was of the opinion that the CBI can register a case if it thinks that a cognisable offence was made out.

"The NDA government had no desire to go deep into the matter because of the involvement of certain personalities," he said hinting at Mr Fernandes and Bangaru Laxman, who had to step down from the BJP president's post after he was shown to be accepting a bundle of notes.

He also said the government was contemplating bringing a legislation to stop "witch-hunting" against journalists, who report about corruption in high places and public life. "Such a legislation will also help in giving protection to witnesses," he added.

The NDA government, the minister commented, had committed a lot of "wasteful expenditure" by setting up the commission, which was first headed by justice K Venkataswamy, who resigned under controversial circumstances, and succeeded by justice Phukan.