JUDGMENT

Dinesh Kumar Sharma, J. The present petition has been filed challenging the order dated 28.07.2022 whereby the learned Special Judge, CBI vide impugned order sustained the objection of learned PP for CBI that the defense cannot be permitted to confront the witness PW-18 Mathew Samuel in the cross-examination with the portion of his deposition recorded before the commission.

2. Briefly stated that the facts are that on 06.12.2004 a case bearing RC No. AC1A0006/2004 was registered against the petitioner under Sections 7/9/35 and 13(1)(d) of the Prevention of Corruption Act, 1988.

3. In backdrop Zee Television telecasted a story about the alleged corruption in the defence establishment of this country in March 2001. The story was based on a sting operation carried out by Tehlka.com wherein about 100 tapes had been allegedly recorded. The Tehlka.com claimed that the content from the so-called original tapes was copied to VHS tapes running into 100 hours. The said content was edited to produce the story of 4 and 1/2 hours that was telecasted on Zee Television. Thereafter, Government of India vide Gazette notification dated 24.03.2001 constituted a commission under Section 3 of