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This is an archive article published on April 6, 2005

On Kargil shopping, UPA clears NDA

George Fernandes finally has a reason to smile. The UPA government, comprising the very parties which boycotted him for months alleging irre...

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George Fernandes finally has a reason to smile. The UPA government, comprising the very parties which boycotted him for months alleging irregularities in the Kargil war purchases including coffins, told the Supreme Court today that the decisions taken then were ‘‘in keeping with the exigencies of war’’ and ‘‘in no way violated’’ financial rules.

An affidavit filed before the apex court by M M Singh, Under Secretary in Ministry of Defence, said decisions taken during Operation Vijay, including relaxation in the procedure for procurement of weapons and other materials, were in keeping with the exigencies of war and ‘‘in no way violated any of the financial rules of the Government or the Defence Procurement Procedure, 1992.’’

Reacting to the Government move, Fernandes said the affidavit vindicated his stand. ‘‘I am happy that the Government has filed the affidavit in court. The truth has been brought out. I thank the government,’’ he told reporters.

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He demanded that the 700-page report of the Justice S N Phukan Commission of Inquiry, which looked into the Tehelka sting on arms deals, be tabled in Parliament and the CVC reports be made public.

As word spread that the Government had cleared Fernandes, the Defence ministry issued a statement late in the night to clarify that it had not given him any clean chit.

 
What they said
about George
   

‘‘There was no question of giving a clean chit to any person, much less George Fernandes. The affidavit does not not even refer to or mention any person, much less George Fernandes. Therefore, the inference which is sought to be drawn that a clean chit has been given to George Fernandes is unjustified and totally unwarranted,’’ an official release stated.

The Government affidavit was filed in response to a notice by the Supreme Court on a PIL which asked the Centre to explain the action taken on the CAG report that had pointed to irregularities in the Kargil war purchases.

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This is what the Centre’s affidavit to the Supreme Court stated:

‘‘In view of the situation arising from hostilities in Kargil, the Ministry of Defence issued a modified procedure for expeditious procurement during the said conflict. The Government order issued with the approval of the competent authority, i.e. the then Defence Minister, envisaged modifications in the procurement procedure applicable for the duration of Operation Vijay for items specifically required for Operation Vijay.’’

‘‘The modified procedure issued on June 21, 1999 was not to substitute or supercede the prescribed procedure for normal procurement actions. The modified procedure was meant only to telescope the time frame particularly for imports that had become critical keeping in view the intensity of operations and unpredictability of the situation on the period for which the operation would last… These in no way violated any of the financial rules of the Government or the Defence Procurement Procedure, 1992.’’

‘‘On the nature and actual delivery of items, 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.’’

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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