Paralysis grips the armed forces as justice remains elusive in cases of tainted defence deals, says Ramesh Ramachandran
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| In the infamous Bofors scam, a Swedish investigator said that many innocent people were punished while the guilty got away |
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| Cover of Tehelka magazine, for the week from 24 September 2014 to 4 October 2014 |
Fernandes was replying to a question about how and why there
still was no closure to the decades-old Bofors scandal.
That was 2003, but what Fernandes said then rings true even
today. There have been many cases, including, but not limited to, the Bofors
scam, the HDW submarine scam, Barak missile scam and the Tatra trucks scam, but
many of the guilty are yet to be punished, either on account of insufficient
evidence or lack of political will or both.
The Price Of Delay
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| George Fernandes (left) with Shekhar Gupta |
As someone who was caught in the eye of a storm following
TEHELKA’s exposé, code-named Operation West End, in 2001, Fernandes claimed in
his interview to Gupta that bureaucrats would delay making purchases for the
armed forces for fear of inviting an adverse reaction or being guillotined, if
there was even as much as a whiff of a scam.
It didn’t matter to them that the soldiers, guarding the icy
frontiers in Siachen or the searing deserts of Rajasthan, and the defence
capabilities could suffer on account of the delay in procurement of, say, a
snowmobile or a multirole combat jet. (Compare the reluctance of the officials
to make purchases that would help a soldier with the eagerness of the Assam
Rifles personnel to take money in lieu of approving a tender.)
“There is hardly any official in the ministry who would like
to put his signature for anything that has to be purchased. He would like to
postpone it. He would like to put it off. He would like to do whatever he has
to do because he thinks that is the best way for him to survive,” Fernandes
said, explaining the “psychology” of the bureaucrats in the defence ministry.
But is it not for the political leadership to give the armed
forces what they need without worrying about scandals and controversies? Gupta
persisted.
To which Fernandes replied: “The court is not going to
listen to that, and if a political activist or minister does it, then the man
who is his rival is not going to accept that. It is a terrible world.”
The UPA’s decade-long rule saw two defence ministers in
Pranab Mukherjee and AK Antony; as it turned out, the latter became the
longest-serving defence minister in the history of India, having held the
office from 24 October 2006 to 26 May 2014. Much like Manmohan Singh, Antony
has the reputation of being honest to a fault, but it is one of life’s ironies
that they presided over ministries where scams took place, especially in the
UPA’s second term.
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| AK Antony copped the blame for stalling vital military acquisitions |
With Antony at the helm, the defence ministry was witness to
an unprecedented situation when the chiefs of the armed forces were allegedly
involved in one unsavoury incident after another.
If Gen VK Singh dragged the government to court over his
age, he also claimed to have been offered a bribe of Rs 14 crore by a retired
army officer for clearing the purchase of certain trucks for the army. Air
Chief Marshal SP Tyagi, now retired, was accused of involvement in the purchase
of VVIP helicopters, while Admiral DK Joshi decided to step down after a series
of accidents aboard naval warships.
According to Admiral (retd) Raja Menon, Antony ruined
India’s defence preparedness by stalling vital military acquisitions. All
because he, like some of his predecessors, came to suffer from what is called
the Bofors syndrome. “He was unable to take decisions. The problem was his own
personality,” says Menon. The bureaucrats, taking a cue from Antony, chose not
to decide one way or another. Consequently, no one spared a thought for the
soldier at the frontier or cared for India’s national security imperatives.
Whither Justice
The investigation into various scams left much to be
desired, too. Similar to the officers and contractors in Operation Hilltop, the
Tatra trucks case allegedly involved certain unscrupulous individuals who
pocketed a certain percentage of the total cost of the purchase.
Recently, the CBI filed a closure report in this case,
involving the State-owned beml (Bharat Earth Movers Limited) and Tatra Vectra
Motors Limited, a joint venture between the UK-based Vectra Group and Tatra
Trucks of the Czech Republic, on the grounds of “insufficient prosecutable
evidence”.
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| Gen VK Singh (Retd) |
Similarly, the Sukna land scam was in the news four years
ago for a no-objection certificate given to a private builder for constructing
an educational institution on a plot of land near the Sukna cantonment area. An
Armed Forces Tribunal, which inquired into the matter, recently quashed the
court martial of an officer, but the controversy refuses to die down with the
Union minister of state for development of north-eastern region (independent
charge), Gen VK Singh, himself a former army chief, describing the verdict as
“dubious”.
In the case of the VVIP helicopter deal, too, money had
changed hands. In 2013, Antony accepted as much, saying: “Yes, corruption has
taken place in the helicopter deal and bribes have been taken.” Antony didn’t
hazard a guess on the outcome of the various investigations that were going on
except for saying that defence procurement almost always seems to be beset with
controversies and that even an Integrity Pact for vendors was proving to be
inadequate for checking malpractices. He wanted the Central Vigilance Commission
to be roped in along with independent external monitors to plug the loopholes
in procurement.
The words of Sten Lindstrom, a former head of police in
Sweden who investigated the Bofors deal, should serve as a chilling reminder to
one and all. In an interview to Chitra Subramaniam, which was published by the
New Delhibased website The Hoot, Lindstrom said, “Many Indian institutions were
tarred, innocent people were punished while the guilty got away.”
Also, in an apparent reference to the Indian authorities, he
told Subramaniam, who exposed the Bofors scam: “Can you imagine a situation
where no one from India met the real investigators of the gun deal? That was
when we saw the extent to which everyone was compromised. Many politicians who
had come to my office claiming they would move heaven and earth to get at the
truth if they came to power, fell silent when they held very important
positions directly linked to the deal.”
India and its soldiers deserve better.
Scam After Scam
A quick lowdown on defence scams in Independent India would
take us back to 1948 when the Jeep scam took place. The focus was on VK Krishna
Menon, the then Indian high commissioner in London, who finalised a deal with a
foreign firm for around 1,500 jeeps without following the normal procedure.
India required around 4,600 jeeps for its Kashmir operations. Nine months
later, in 1949, 155 jeeps of poor quality reached Madras. The scam amount,
which has not been officially revealed till date, was around Rs 80 lakh. The
aftermath was ironic. In 1956, Menon was inducted into Jawaharlal Nehru’s
Cabinet.
1987 - HDW SUBMARINE SCAM
Deal In 1981, India bought four submarines from the German
company HDW. In 1987, it asked for two more
How was it exposed When India asked for a discount on the
fresh order of two submarines, the shipyard declined, saying it had to pay a 7
percent commission. VP Singh heard about it when he was defence minister in the
Rajiv Gandhi government. In March 1990, when VP Singh was the prime minister,
he ordered an investigation
Kickbacks Rs 20 crore
Aftermath The case was closed in 2005
1987 - Bofors Scam
Deal 400 155-mm field howitzer guns worth Rs 6,994 crore
were bought from Swedish company Bofors
How was it exposed Swedish National Radio reported that
bribes had been paid to top Indian politicians to secure the howitzer gun
contract. Geneva-based journalist Chitra Subramaniam did an investigation
Kickbacks Rs 64 crore
Suspects AE Services, the shell company operated by Italian
businessman Ottavio Quattrocchi, a family friend of Rajiv and Sonia Gandhi, who
also represented the petrochemical firm Snamprogetti, suddenly intervened in
the Bofors deal on 15 November 1985. At that time Bofors had existing
contractual arrangements (going back several years, even decades) with two
strands of companies in which arms agent Win Chadha and the Hinduja brothers —
GP Hinduja and Srichand Hinduja — had interests
Aftermath Over two decades, 250 crore was spent in the
investigation, but it was inconclusive. Swedish investigator Sten Lindstrom
said Rajiv himself did not receive any pay-offs in the deal, but that
Quattrocchi received commissions. Lindstrom also confirmed that Rajiv knew of
and was complicit in the elaborate cover-up that his government orchestrated to
protect Quattrocchi
* * * * * * * * * * * * * * * *
2002 - Coffin Scam
Deal The Central government bought 500 coffins, each costing
$2,500
Scam It turned out the real price was $172 per coffin. To
make matters worse, the quality was very poor
* * * * * * * * * * * * * * * *
2005 - Denel Scam
Deal Denel, a South African governmentcontrolled company,
supplied antimaterial rifles to the Indian Army
How was it exposed Allegations emerged in South Africa that
Denel had paid bribes to Varas Associates, the alleged intermediary, for the
Indian contract
Kickbacks Rs 20 crore
Aftermath The CBI filed a closure report in September 2013.
The agency claimed to have received responses of judicial requests from South
Africa, the UK, Isle of Man and Switzerland, which did not show any evidence
that could substantiate the allegations of corruption
* * * * * * * * * * * * * * * *
2006 - Barak Missile Scam
Deal Seven Barak missile systems costing Rs 1,150 crore were
bought from Israel
How was it exposed Former president APJ Abdul Kalam, who was
the scientific adviser to the prime minster when the deal was being negotiated,
had opposed the weapons system. The CBI registered an FIR in the case,
questioning why the system was purchased even after the DRDO had raised its
objections in 2006
Kickbacks NA
Aftermath Former treasurer of the Samata Party RK Jain was
arrested but no major breakthrough in probe till date. The CBI has closed at
least one of the cases for lack of evidence
* * * * * * * * * * * * * * * *
2007 - NTRO Scam
Deal Hyderabad-based National Technical Research
Organisation (NTRO), an intelligence agency working under the National Security
Adviser to the Prime Minister’s Office, bought Israeli unmanned aerial vehicles
(UAVs)
How was it exposed The Comptroller and Auditor General said
rules were flouted in the purchase of UAVs from Israel Aerospace Industries
Kickbacks Rs 450 crore
Aftermath A letter was sent to the then National Security
Adviser Shivshankar Menon complaining of the irregularities in the recruitment
of officers in the NTRO. It was said the probe was handed over to the man who
was accused in the first place
* * * * * * * * * * * * * * * *
2007 - Ration Supplies Scam
It was discovered that numbers were being fudged while
supplying rations to army personnel posted in high-altitude areas. Army Service
Corps chief Lt Gen SK Sahni was found guilty of corruption and dismissed from
service
* * * * * * * * * * * * * * * *
2007 - Frozen Meat Scam
Army Service Corps officer Lt Gen SK Dahiya was indicted in
a case involving irregularities in the procurement of frozen meat for troops
posted in Ladakh and discrepancies in procurement of dry rations
* * * * * * * * * * * * * * * *
2008 - Abhishek Verma Scandal
Abhishek Verma, the son of former MP Srikant Verma, is in
jail, and he and his wife are accused of stealing defence secrets and accepting
bribes from defence firms. Investigations are continuing into the affairs of
Verma, who may have also had a role in the VVIP helicopter deal. Over the past
five years, Verma is said to have made a comeback to the defence consultancy
business and re-established his contacts. Some highly classified defence
ministry files have made their way to his firm Ganton. The secret files relate
to the IAF’s acquisition plans. He has unsuccessfully tried to flaunt his
proximity to several politicians from the top Congress leadership down to
Jagdish Tytler
* * * * * * * * * * * * * * * *
2009 - OFB Scam
Deal Former Ordnance Factory Board (OFB) chief Sudipto Ghosh
and several of his associates were accused of fixing contracts
Aftermath After the CBI found evidence of bribery, the
government in March 2012 blacklisted six companies for 10 years: Singapore
Technologies, Israeli Military Industries, Germany’s Rheinmetall Air Defence,
Russian firm Corporation Defence, Indian firms TS Kisan & Company and RK
Machine Tool
* * * * * * * * * * * * * * * *
2009 - Sukna Land Scam
Two senior lieutenant generals and a major general were
accused of converting a 70-acre land adjacent to Sukna military station in
Siliguri, West Bengal, into an educational institution by handing it over to a
private trust. The controversy involved issuing of no-objection certificate for
the private trust to buy the land for construction of the educational
institution on the condition that wards of army personnel from the military
station would get to study there. The then army chief Gen Deepak Kapoor’s
military secretary Lt Gen Avadesh Prakash and the then 33 Corps commander Lt
Gen PK Rath were indicted in the case. Lt Gen Rath has since been acquitted of
all charges by an Armed Forces Tribunal Bench. A court martial dismissed Lt Gen
Avadesh Prakash from service after finding him guilty in the case
* * * * * * * * * * * * * * * *
2010 - VVIP Chopper Scam
Deal In 2010, Anglo-Italian helicopter manufacturer
AgustaWestland agreed to supply 12 VVIP choppers to the Indian Air Force for Rs
3,600 crore
How was it exposed An Italian intelligence agency started to
investigate the deal on the suspicion of corruption
Kickbacks AgustaWestland paid a commission of more than Rs
350 crore to a Switzerland-based consultant
Aftermath The head of the company was arrested in Milan
* * * * * * * * * * * * * * * *
2011 - Adarsh Society Scam
In 2001, land was allotted to the widows of personnel killed
in the Kargil War and retired defence personnel. Over a period of 10 years, top
politicians and bureaucrats bent several rules, committed various acts of
commission and omission, and finally, got themselves allotted with flats at a
much cheaper cost
* * * * * * * * * * * * * * * *
2014 - Tatra Trucks Scam
Deal Bengaluru-based Bharat Earth Movers Limited (BEML)
bought components from Czech company Tatra for its all-terrain vehicles, which
are the backbone of the army’s artillery and transportation wings. The BEML was
accused of flouting guidelines by buying components for the 6×6 and 8×8 trucks
from a middleman in London
How was it exposed Army chief Gen VK Singh told the the
defence minister that he was offered a bribe of Rs 14 crore
Kickbacks Rs 750 crore in bribes and commissions
* * * * * * * * * * * * * * * *
HOW A DEFENCE DEAL IS SIGNED
• Contracts worth more than Rs 500 crore have to be cleared
by the Cabinet Committee on Security. The armed forces have financial powers of
Rs 150 crore
• The military formulates a qualitative requirement of the
weapon it wants
• The Defence Acquisition Council (DAC), headed by the
defence minister, accepts or rejects the necessity for the proposed procurement
• The DAC approval is followed by the ministry floating a
global tender
• The Technical Evaluation Committee studies the technical
bids and shortlists them for trial
• Field trials are carried out by the user service, which
then recommends those that meet requirements
• The Technical Oversight Committee scrutinises the procedure
to ensure fair trial and selection was done
• The Contract Negotiation Committee recommends conclusion
of a contract at a negotiated price. The proposal is sent to the Cabinet
Committee on Security, headed by the prime minister, for approval after which a
contract is signed
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