The Hindu Business Line : Stinging remedy

THE ethics and legality of sting operations mounted by law enforcement agencies or the media have remained hazy despite their being the subject of public debate.

The exposes by Tehelka of corruption in high places over defence deals and by India TV of the phenomenon of "casting couch" in Bollywood, have once again brought the issue to the fore.

Adding to the woes of the victims, rapid advances in technology are making it possible to indulge in such operations with extreme stealth and secrecy, facilitating instant nation-wide dissemination through the media.

Sting operators invariably walk the razor's edge between protection of privacy and safeguarding of public interest.

Expectedly, the US had been in the forefront of efforts to subject this kind of surreptitious probe by investigative journalists and do-gooders in the public domain to strict regulation, in the form of administrative orders and court rulings.

For instance, the US Supreme Court has held entrapment even by law-enforcing agencies like the FBI to be illegal because it tricks and deceives the innocent into breaking the law.

It is, according to the Court, tantamount to commission of federal offences of impersonation, criminal trespass under false pretences and making a person commit an offence, and, therefore, "deserves the severest condemnation."

Sting operations can be mounted even by the FBI only on personsagainst whom some evidence of criminality already exists; such operations are considered necessary for getting conclusive evidence.

Further, they require prior authorisation from courts or the Attorney-General and are to disclose in authentic concurrent records in writing maintained for the purpose the details and purpose of each stage of the operations.

The US parallel may not apply to India, because the evils of runaway corruption, plunder of taxpayers' money and other depredations by public servants are not as rampant there as here.

Also, the civil society and citizenry in advanced industrial countries are enlightened and vigilant and this keeps malfeasance in check.

Being too finicky about privacy only throws the field open to scoundrels and scandals. Private agencies and the media are doing a public service by exposing them, even if it results in some excesses now and then.

B. S. Raghavan

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