A special CBI court on Monday framed charges against former Samata Party president Jaya Jaitly and two others in 2001 defence scam unearthed by news portal tehelka.com. The trial of Jaitly,her erstwhile colleague Gopal Pacherwal,and retired Major General S P Murgai will commence on April 30 after all three pleaded not guilty to the charges of criminal conspiracy and exercising personal influence with a public servant.
The case against Jaitly is one amongst a series of sting operations conducted by Tehelka in 2000,code-named operation Westend,to expose corruption in defence deals. A fictitious firm called Westend International was created that claimed to be suppliers of defence-related products and on the basis of the stings conducted through it,cases were registered against the then Defence Minister George Fernandes and former chief of Naval Staff Admiral Sushil Kumar.
In this case,journalists posing as representatives of Westend offered to sell hand-held thermal imagers to the Army. In order to push the deal through they had met Army officers and bureaucrats,including all three accused,and offered them bribes. The conversations were recorded on tape and subsequently made public,along with the other Westend sting operations,at a press conference in 2001.
In 2006,the CBI submitted a chargesheet against Jaitly,Murgai and Pacherwal,accusing them of exercising personal influence with public servants in order to get supply orders in favour of Westend for the thermal imagers. The chargesheet alleged that Jaitly had taken Rs 2 lakh as illegal gratification in order to push the contracts through while several payments were made to Murgai. Pacherwal,it said,had set up the meeting between Jaitly and Westend.
In an order issued on February 28,Special CBI Judge Kanwal Jeet Arora said that a prima facie case was made out against all three accused under section 120B criminal conspiracy of the IPC and section 9 of The Prevention of Corruption Act. On the basis of material placed on record by the prosecution,I am of the opinion that prima facie it appears that all the three accused8230; had entered into a criminal conspiracy for taking illegal gratification as a motive or reward for exercise of personal influence with the public servant in order to get supply orders for defence equipment8230; in favour of m/s Westend International,London, the court said.