Navy’s critical requirement for Israeli Barak missiles stalled due to CBI case

August 27, 2012
Indian-Navy

New Delhi, August 27: The defence ministry has virtually shot down a renewed bid by the Navy to get additional supplies of missiles to arm the Israeli Barak-I anti-missile defence (AMD) systems fitted on 14 frontline warships, including solitary aircraft carrier INS Viraat and three new Shivalik-class stealth frigates.

While the MoD led by defence minister AK Antony accepted the "critical operational urgency'' for acquiring the 262 Barak-I missiles at a cost of over $140 million, it indicated last week that its hands were tied due to the pending CBI investigation into the infamous Barak kickbacks case, sources said.

"Legal opinion obtained from the law ministry and the solicitor general holds that the fresh procurement case should not be progressed for the cabinet committee on security till the CBI probe is complete,'' said a source.

But with the CBI investigation failing to reach anywhere in the last six years, a desperate Navy may now be forced to make a case for seeking fresh legal opinion. Confronted with a critical shortfall in the missile reserve stocks, the Navy has been forced to curtail even practice firings of the Barak-I AMD systems integrated into the 14 warships as part of their "combat management systems''.

"In the current political situation and scams swirling all around, nobody wants to stick his neck out even if inaction adversely impacts national security needs,'' said an insider. There are fears the Bofors howitzer scandal of the late-1980s, which completely derailed the Army's entire artillery modernisation programme from which it is yet to recover, is being repeated yet again.

Much like the Bofor guns which proved their worth during the 1999 Kargil conflict, the Navy swears by the Barak-I systems that act as "close-in point defence systems'' for warships to intercept incoming sea-skimming missiles with "pin-point accuracy'' at a 9-km range.

The recent Naresh Chandra Committee report, incidentally, has also held there is a need to relook at the entire process of cancelling arms contracts or blacklisting defence firms since they can prove counter-productive to the nation's security.

Interestingly enough, it was the NDA regime that had inked the initial Rs 1,160 crore deal for nine Barak-I AMD systems, along with 200 missiles worth Rs 350 crore, from Israeli Aerospace Industries (IAI) and Rafael in October 2000. This was considered necessary to counter Pakistan's acquisition of sea-skimming Exocet and Harpoon missiles after the indigenous Trishul AMD system failed to become operational.

Subsequently, under the UPA-I government in October 2006, the CBI registered the FIR in the Barak kickbacks case to name former defence minister George Fernandes, his party associates Jaya Jaitely and RK Jain, alleged arms dealer Suresh Nanda and former Navy chief Admiral Sushil Kumar among the accused.

While the probe lingers, India is also now in the final stages of developing long-range surface-to-air (LR-SAM) and medium-range SAM systems in collaboration with IAI. While the LR-SAM project to arm naval warships is worth Rs 2,606 crore, the MR-SAM one for IAF is pegged Rs 10,076 crore. With effective interception ranges of 70-km each, their deliveries will begin from 2013 onwards.


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November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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