Blackwater
Senior Member
- Joined
- Jan 9, 2012
- Messages
- 21,156
- Likes
- 12,211
New Delhi, December 12
A report on the alleged irregularities in the purchase of arms and ammunition for the May-July 1999 Kargil conflict has held the then Defence Minister George Fernandes and the Defence Secretary "directly responsible" for the financial loss in the procurement of 20 radars from Israel for Rs 9.86 crore.
Pointing out that the contract for the radars was concluded with Israel's ELTA in February 2000 at a higher unit price, the report said: "There was no basis for concluding the contract at a higher price with a firm with which there was an existing contract" for the purchase of 150 radars at a lower price.
The report has been prepared by senior advocate Rakesh Dwivedi, who is assisting the Supreme Court as amicus curiae in a PIL on the alleged scam, after studying the reports of the Comptroller and Auditor General (CAG) and the CBI, which had probed the contracts.
There was no ground to justify the emergency purchase as the Kargil conflict, known as Operation Vijay, had actually ended in May 1999 and was declared as "officially over" in January 2000, says the report submitted today to a Bench comprising Justices Aftab Alam and Ranjana Desai.
The government already had a contract for the purchase of 150 radars from ELTA at a lower price and the deliveries were to have commenced by the time the 20 radars under the second agreement were received (three in August 2000 and 17 January 2001), the report said.
"The proposal (for the emergency contract) was submitted to the Defence Minister in December 1999. The Defence Minister was informed that the 20 radars were expected in July 2000 as against the order of 150 radars already issued. The Defence Minister questioned whether the second order was necessary. The file was re-submitted in February 2000 impressing operational necessity. After discussing with Defence Secretary, the Minister approved on 23/2/2000 and the contract was signed on 29/2/2000," the report said.
While the CBI had concluded that no artificial emergency was created and ELTA was not shown any undue favour, the government had maintained that though the hostilities were over the continued tense security environment had necessitated the purchase.
The amicus, however, pointed out that both the CBI and the government had ignored five lapses in the contract: payment of higher price; overlooking the offer from another manufacturer based in the UK; non-inclusion of the condition for immediate supply; cessation of the conflict and the fact as to why the radars under the old contract were not delivered in time.
"It is evident that financial loss has been caused with oblique motive to the Union of India and the then Defence Secretary and the Defence Minister are directly responsible. Clearly, the relaxed purchasing rules meant for Kargil War have been unauthorisedly utilised for this purpose. The explanation that Line of Control continued to be tense will not justify the aforesaid act. It is a clear case for both departmental and criminal action," the report said.
The amicus also questioned the wisdom of not including Fernandes, who was the Defence Minister in the NDA government, in the chargesheet filed in the case relating to the purchase of 500 aluminum caskets and 3,000 body bags at a cost of Rs 6.55 crore.
The Tribune, Chandigarh, India - Nation
A report on the alleged irregularities in the purchase of arms and ammunition for the May-July 1999 Kargil conflict has held the then Defence Minister George Fernandes and the Defence Secretary "directly responsible" for the financial loss in the procurement of 20 radars from Israel for Rs 9.86 crore.
Pointing out that the contract for the radars was concluded with Israel's ELTA in February 2000 at a higher unit price, the report said: "There was no basis for concluding the contract at a higher price with a firm with which there was an existing contract" for the purchase of 150 radars at a lower price.
|
There was no ground to justify the emergency purchase as the Kargil conflict, known as Operation Vijay, had actually ended in May 1999 and was declared as "officially over" in January 2000, says the report submitted today to a Bench comprising Justices Aftab Alam and Ranjana Desai.
The government already had a contract for the purchase of 150 radars from ELTA at a lower price and the deliveries were to have commenced by the time the 20 radars under the second agreement were received (three in August 2000 and 17 January 2001), the report said.
"The proposal (for the emergency contract) was submitted to the Defence Minister in December 1999. The Defence Minister was informed that the 20 radars were expected in July 2000 as against the order of 150 radars already issued. The Defence Minister questioned whether the second order was necessary. The file was re-submitted in February 2000 impressing operational necessity. After discussing with Defence Secretary, the Minister approved on 23/2/2000 and the contract was signed on 29/2/2000," the report said.
While the CBI had concluded that no artificial emergency was created and ELTA was not shown any undue favour, the government had maintained that though the hostilities were over the continued tense security environment had necessitated the purchase.
The amicus, however, pointed out that both the CBI and the government had ignored five lapses in the contract: payment of higher price; overlooking the offer from another manufacturer based in the UK; non-inclusion of the condition for immediate supply; cessation of the conflict and the fact as to why the radars under the old contract were not delivered in time.
"It is evident that financial loss has been caused with oblique motive to the Union of India and the then Defence Secretary and the Defence Minister are directly responsible. Clearly, the relaxed purchasing rules meant for Kargil War have been unauthorisedly utilised for this purpose. The explanation that Line of Control continued to be tense will not justify the aforesaid act. It is a clear case for both departmental and criminal action," the report said.
The amicus also questioned the wisdom of not including Fernandes, who was the Defence Minister in the NDA government, in the chargesheet filed in the case relating to the purchase of 500 aluminum caskets and 3,000 body bags at a cost of Rs 6.55 crore.
The Tribune, Chandigarh, India - Nation
