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T-72 ammunition deal sent to CBI
New twist to Kargil scam probe
S.S. Negi
Legal Correspondent

New Delhi, April 14
The Ministry of Defence (MoD) in its additional affidavit filed in the Supreme Court on the controversial Kargil purchases, has taken a contrary stand from that of the previous affidavit regarding the Rs 116.83 crore T-72 Tank ammunition deal, which was now being referred for investigation to the CBI along with 22 other purchases made during the conflict.

In the previous affidavit, the MoD had indicated in Para 11 that out of the 35 matters finding mention in the Comptroller and Auditor-General (CAG) report about alleged irregularities, 11 cases (including T-72 Tanks ammunition, mentioned at para 4.6 of its Action Taken Notes sent to CAG) “have been formally vetted to the satisfaction of the CAG”.

But in the fresh affidavit, the ministry had now decided to send the T-72 Tanks ammunition deal case to the CBI for investigation along with the other ammunition deal worth Rs 402.76 crore the Rs 6.55 crore deal for buying 500 aluminium caskets (coffins) the rate of $ 2,500 a piece for carrying the bodies of soldiers, who laid down their lives, to their homes.

These were the new additions in the list for the CBI probe apart from the Rs 41.95 crore Hand Held Thermal Imagers and the Rs 151 crore Terminally Guided Munitions contracts, signed in February and March 2000, respectively.

However, the contracts for the T-72 Tank ammunition, the other ammunition and the coffins were signed in June and August 1999, the fresh affidavit said.

The Kargil conflict, which started in May 1999 had ended on July 26, 1999. Though former Defence Minister George Fernandes had come under severe attack by the then Opposition parties, particularly the Congress and its President Sonia Gandhi on the casket issue, the additional affidavit said its purchase order was cleared by the then Defence Secretary.

The other 20 cases decided to be referred by the MoD to the CBI were from among those ATNs, regarding which the CAG has yet to take its final view, both previous and fresh affidavits had indicated.

The new affidavit further said the contracts over Rs 50 crore were cleared by the Cabinet Committee on Security (CCS), those between Rs 20-50 crore concurrently by the Defence Minister and Finance Minister, between Rs 10-20 crore by the Defence Minister independently and up to Rs 10 crore by the Defence Secretary.

Explaining action taken on the CAG report in detail, the previous affidavit had stated that 11 of the 35 cases were “vetted to the satisfaction of the CAG, two ATNs had come back from it with some observation to which necessary clarification was being given, CAG’s comments were awaited on 21 ATNs and one case was being examined by the ministry in consultation with the Army Headquarters.

The ministry now without waiting for final “vetting” of its ATNs on the 20 cases by the CAG, still pending with it, had decided to refer them to the CBI for investigation, the affidavit said. Purchase of these 20 items involved a total of over Rs 707 crore, of which seven contracts were worth more than Rs 50 core, requiring clearance from the CCS.

Pranab clarifies govt stand on 2nd affidavit
Saurabh Malik
Tribune News Service

Defence Minister Pranab Mukherjee delivers the Dr V.N. Tewari Oration at Panjab University, Chandigarh, on Thursday. — A Tribune photograph

Chandigarh, April 14
In an attempt to counter the allegations of political vendetta levelled by his predecessor George Fernandes, Defence Minister Pranab Mukherjee on Thursday made it clear that the second affidavit — promising strict action if necessary against him —was not filed before the Supreme Court in response to any controversy, but was in continuation of the first affidavit.

In its original affidavit filed before the apex court, the Centre had reportedly given a clean chit to Mr Fernandes. But had subsequently filed another affidavit, resulting in controversy of sorts. It had claimed that the government was committed to take strict action against authorities concerned, including the former Defence Minister, if it was found that the excuse of Kargil was taken to make purchases with motive of personal benefit.

Justifying the action, Mr Mukherjee said the first affidavit, filed on March 14 in a public interest litigation regarding irregularities in defence purchases during the Kargil war, had not covered all the aspects. After the fact was pointed out by the amicus curie, the Attorney-General had stated in the court that a second affidavit would be filed in the case. “It is a matter of record,” he added.

The Defence Minister was talking to the media soon after delivering the keynote address on the “Peace Perspectives on South and South-East Asia: Opportunities and Challenges”.

Mr Mukherjee, however, refused to comment on the allegation that the initial affidavit submitted in the court was different from the one prepared by the Defence Ministry and was changed in the process of submission.

Regarding reduction in defence Budget due to “improved ties” with Pakistan, he said it depended upon the requirement.

“As of now, I cannot say whether it will be increased or decreased. But one thing is for sure — the expenditure on defence has more or less been constant for the past three decades. In fact, it was 15 to 16 per cent of the country’s total Budget.

As far as levy of Value Added Tax (VAT) on canteen items was concerned, the Defence Minister said he was aware of the fact that resentment was brewing among the ex-servicemen and had already written to the Finance Minister about the matter.