New Delhi: The Supreme Court on Monday pulled up the Defence Ministry for conducting the enquiry into the Kargil scam at a "snail's pace" and not initiating action against the officers concerned for the irregularities and illegalities committed in the defence deals.

A three-Judge Bench, comprising Chief Justice Y.K. Sabharwal, Justices C.K. Thakker and Markandey Katju, disapproved the manner in which the Government was conducting the probe.

The Bench impleaded the Central Bureau of Investigation (CBI) as a party and directed it to file a status report on the probe conducted into the defence deals made during and after the Kargil war in 1999.

Attorney-General Milon K. Banerjee told the Bench that in March the Government filed an affidavit of its intention to take strict action against those responsible for the irregularities. He denied the allegation made by the amicus curiae Rakesh Dwivedi that the Government was trying to bury the entire scam under its carpet.

The Bench observed, "it is evident that matter is moving at snail's speed despite its pendancy in this court for two years. Is it not for the Defence Ministry to take action on the basis of the CAG report; is it [CAG report] not good enough. Why should you require the report of the CBI. The way in which the CBI conducts the probe, it will take years for it to complete anything that goes to court. That is the way the CBI functions."

Expressing concern over the inordinate delay, the Bench said, "This is a matter pertaining to the defence deals of the country. It requires more seriousness as the officers had neglected their duty. You are providing them indirect help by not proceeding against them.

``The CAG report is of 2001; we are now in 2006 and many would have retired by now."

The Bench was hearing a public interest petition alleging that the irregularities in the Kargil scam caused a loss of Rs. 2,175 crore to the exchequer.

It was alleged that the then NDA Government during the Kargil war relaxed the norms for purchase of equipment, arms and ammunition but did not revert to the old procedure even after the cessation of the armed operations.

Mr. Banerjee submitted that of the 25 cases that were referred, the CBI had returned 13 cases on the ground that there were not materials. Of the remaining 12 deals, one case had been registered.

In the light of this submission, the Bench directed the CBI to file a status report in four weeks on the defence deals, in particular about the 15 cases-Hand Thermal Imagers; Special Ammunition for 40 mm L-70 gun; Aluminium Caskets; Spares for 155 mm Gun; Kolos Tyres and Special Woollen Socks; Thermally Guided Munitions (Krasnapol); Bullet Proof Jackets; Ammunition for T-72 tanks; Ammunition; Universal Variable Time Fuses; Illuminating Ammunition for 155 mm gun; Multipurpose boots; Charging/Generating sets and Under Slung Cargo Nets.

The Bench directed the Defence Ministry to file an affidavit in four weeks, explaining what departmental action it had taken or it proposed to take against the officers concerned; if action had been taken the stage of such enquiry.

It also directed the Ministry to examine the irregularities pointed out by the CAG in its report in respect of three other defence deals and place on record its response both from the angle of criminality and departmental action.

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