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File status report on Kargil scam probe: Supreme Court

Legal Correspondent

Irregularities cost the exchequer Rs. 2,175 crore: PIL

Government yet to take action on August 2006 court direction
Defence Ministry, CBI get 4 weeks to file final status report

New Delhi: The Supreme Court on Friday directed the Centre and the Central Bureau of Investigation to file a status report on probe into Kargil defence purchases, indicating disciplinary/criminal action taken against the officers concerned for irregularities and illegalities in the deals.

The Defence Ministry and the CBI have four weeks to file the final status report.

Seeks time

When the matter was taken up, Attorney-General Milon K. Banerjee sought four weeks for filing it. Amicus curiae Rakesh Dwivedi said the government was yet to take any action on the court direction issued in August 2006. Mr. Banerjee submitted that in 19 cases no disciplinary action was called for.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and Markandey Katju was hearing a public interest litigation petition alleging that the scam caused a loss of Rs. 2,175 crore to the exchequer. It was alleged that during the Kargil war the National Democratic Alliance government relaxed norms for purchase of equipment, arms and ammunition, but did not revert to the old procedure even after the cessation of the armed operations.

Directive in 2006

The court on August 14, 2006 directed the Defence Ministry to file an affidavit explaining what departmental action it had taken or proposed to take against the officers concerned; and if action had been taken, what was the stage of the enquiry.

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

48 cases for CBI

Subsequently, the Centre filed a report stating that of the 48 cases referred to the CBI, 10 related to the Tehelka expose; 23 were based on the CAG findings of certain irregularities and the government delay in acquiring arms during the Kargil conflict, and the remaining 15 were sent directly by the Defence Ministry.

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