Despite a decade-long spar between the Congress-led UPA and the BJP-led NDA on defence purchases during Kargil conflict, the ministry of defence has given 'clean chit' to the Atal Behari Vajpayee government with regard to 28 purchases sent back to the ministry by the CBI finding no 'criminality' in those.
The CBI had returned 28 cases for departmental 'review' by the MoD after fining no substance to register any case and during the last hearing on March 31, government counsel had submitted that the review in respect of nine case was not yet over.
However, additional solicitor- general Mohan Prasaran told a bench of Justice Aftab Alam and Justice Ranjana Prakash Desai on Monday that the review in all the 28 cases by MoD was over and 'no cause of action' was required in these cases. The CBI had only registered a regular case in the caskets purchase known as 'coffin scam' and preliminary enquiry (PE) in nearly half-a-dozen cases while returning the 28 out of 35 cases to the MoD.
But senior advocate Dinesh Dwivedi appointed as amicus curiae by the court to assist it in adjudication of two PILs on alleged irregularities in Kargil purchases, took serious objection to the 'unilateral review' by MoD pointing out that the court had asked him to assist the defence secretary in the exercise.
“It has to be a joint review but there is no joint review. In the status report filed by the MoD, they have said that no action is required while CAG had pointed out various serious irregularities. The case is pending since 2004 and if they don’t want to do any thing why it should continue. They don’t have a will to do any thing,” said Mr Dwivedi.
Taking note of his arguments,Justice Aftab Alam, presiding the bench, said “we didn’t want to be harsh, but this can’t go on like this”. However, the hearing was adjourned for November 28 for argument on the question whether MoD review without amicus curiae’s advice could be accepted.
This is not for the first time that MoD has given 'clean chit' to the NDA on majority of Kargil purchases as its first affidavit filed in 2006 had given a virtual 'clean chit' to former defence minister George Fernandes, who was the main target of attack by the Congress and its allies during the NDA regime.