After George clean chit, a UPA U-turn

“The Government is committed to take strict action against officers/ authorities, including the former Defence Minister, if it is found that the excuse of Kargil was taken to make purchases with a motive of personal benefit in violation of rules and regulations,’’ said the affidavit filed by R Chaturvedi, Under-Secretary, Ministry of Defence.

Chaturvedi stated that he was filing the the present affidavit as it was pointed out that an earlier counter-affidavit filed in March by the MoD in a PIL, which asked the Centre to explain action taken on the CAG report on alleged irregularities in the 1999 Kargil war purchases, “appeared to be evasive and was not complete in all respects.”

Subsequently, the April 5 affidavit had justified Defence purchases made during Operation Vijay, including changes made to arms procurement policy and continued acquisitions made under the relaxed norms even after end of hostilities. This, it said, “in no way violated any of the financial rules of the Government or the Defence Procurement Procedure, 1992.”

But the affidavit left the UPA red-faced, particularly because the Congress had been at the forefront of an intense agitation against Fernandes on the issue, both inside and outside Parliament, during the NDA tenure.

Today’s affidavit was a virtual U-turn from the earlier one and relied heavily on the CAG report which, it said, had “concluded that the excuse of Kargil was cited to push through procurements that would otherwise have been scrutinised more closely.”

The Government, so far, had scrutinised five transactions—hand-held thermal imagers, terminally guided munitions (Krasnapol), ammunition for T-72 tanks, ammunition and aluminium caskets—‘‘to fix responsibility…on the basis of the findings of the CAG’’, the additional affidavit said.

The other purchases that the CBI would be asked to look into include: illuminating ammunition for 155 mm guns (Rs 52.47 crore), special ammunition for 40 mm L-70 gun (Rs 166.44 crore), automatic grenade launchers (Rs 52.13 crores), spares for 155 mm guns (Rs. 97.65 crore), special clothing and mountaineering equipment (Rs 95.15 crore) and 155 mm red phosphorus ammunition (Rs 55.1 crore).

While the first two deals, which also figure in the Tehelka tapes, have been referred to the CBI for further probe, the rest are also being transferred to the agency, it said.

The affidavit submitted that the Government was also exploring whether the facts reveal a prima-facie case of commission of criminal offences under law given that CAG had pegged the financial loss at over Rs 2000 crores, “in addition to the fact that the equipments did not materialise at the time of its need.”

Incidentally, the Government had stated in the earlier affidavit that the modified norms had not violated any financial rules of the government.

The April 5 affidavit had also explained the delay in the supply of arms thus: “At the time of making projections, the duration of operations, the nature and levels of conflict and the possibility of spread of the conflict to other areas could not have been predicted. Moreover, the weapons, equipment and ammunition required by the Defence Forces are generally not available off the shelf and a lead time which can range from 4 to 18 months is required to produce and deliver them after conclusion of a contract.”

been at the forefront of an intense agitation against Fernandes on the issue, both inside and outside Parliament, during the NDA tenure.

Today’s affidavit was a virtual U-turn from the earlier one and relied heavily on the CAG report which, it said, had “concluded that the excuse of Kargil was cited to push through procurements that would otherwise have been scrutinised more closely.”

The Government, so far, had scrutinised five transactions—hand-held thermal imagers, terminally guided munitions (Krasnapol), ammunition for T-72 tanks, ammunition and aluminium caskets—‘‘to fix responsibility…on the basis of the findings of the CAG’’, the additional affidavit said.

The other purchases that the CBI would be asked to look into include: illuminating ammunition for 155 mm guns (Rs 52.47 crore), special ammunition for 40 mm L-70 gun (Rs 166.44 crore), automatic grenade launchers (Rs 52.13 crores), spares for 155 mm guns (Rs. 97.65 crore), special clothing and mountaineering equipment (Rs 95.15 crore) and 155 mm red phosphorus ammunition (Rs 55.1 crore).

While the first two deals, which also figure in the Tehelka tapes, have been referred to the CBI for further probe, the rest are also being transferred to the agency, it said.

The affidavit submitted that the Government was also exploring whether the facts reveal a prima-facie case of commission of criminal offences under law given that CAG had pegged the financial loss at over Rs 2000 crores, “in addition to the fact that the equipments did not materialise at the time of its need.”

Incidentally, the Government had stated in the earlier affidavit that the modified norms had not violated any financial rules of the government.

The April 5 affidavit had also explained the delay in the supply of arms thus: “At the time of making projections, the duration of operations, the nature and levels of conflict and the possibility of spread of the conflict to other areas could not have been predicted. Moreover, the weapons, equipment and ammunition required by the Defence Forces are generally not available off the shelf and a lead time which can range from 4 to 18 months is required to produce and deliver them after conclusion of a contract.”