We will scrap the chopper deal if any wrongdoing is found: Antony

February 13, 2013

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New Delhi, Feb 13: Grappling with yet another scandal involving bribery in the acquisition of expensive helicopters for use by VVIPs, the government today promised that the guilty would not be spared, even as former Air Chief S P Tyagi, whose name figures in the allegations, pleaded innocence.

A day after ordering the CBI probe, Defence Minister A K Antony told reporters that strong action will be taken against those found guilty. "Nobody will be spared whatever may be the consequences," he told reporters on the alleged Italian chopper scam.

The name of Tyagi has reportedly figured in the alleged scam, but he has stoutly refuted the bribery charge against him. Media reports have suggested that Tyagi was allegedly beneficiary in the kickbacks to the tune of 10 per cent of the Rs 3600 crore deal.

"I am innocent. These allegations are totally baseless and I am denying them categorically," he told reporters, while welcoming a probe into the "scandal", Tyagi said.

The former Air Chief, however, admitted that he had met Carlo, purportedly named as middleman in the Italian probe report, at his cousin's place. "But when you say you have contact with him, the answer is no. What connection could I have with him. The entire process of evaluation, trials, contracts etc took place in 2010," he said.

Another scam has unfolded with the arrest of the head of a state-controlled Italian aerospace company yesterday. The company is suspected of paying bribes of about Rs 362 crore in India to get orders for helicopters to ferry Indian VVIPs, prompting the government to order a CBI probe.

Antony said CBI has been asked to give an early report on its probe into alleged kickbacks in the AgustaWestland helicopter deal. "Once we get the preliminary inquiry report from CBI, strongest action will be taken against those found guilty," he said.

Asked about reports of the alleged role of Tyagi in the deal, the Minister said, "I have no information."

The Ministry of Defence also decided to put on hold the receipt of the remaining nine of the 12 helicopters. Giuseppe Orsi, the head of Italian defence and aerospace giant Finmeccanica, was arrested on Monday in relation to a probe into international corruption.

He is suspected of involvement in the payment of bribes regarding the sale to the Indian government of 12 helicopters produced by Finmeccanica's subsidiary AgustaWestland. The Defence Minister said, "After the CBI report, we will take serious action that may include cancelling the deal."

"We don't want to jump the gun. We can get our money back even at this stage," he said on the Rs 3600 crore deal. Asked whether the money paid to the Italian firm so far can be claimed back by the Indian government, Antony said, "If the Indian government paid any amount of the money, as per the provisions of the integrity pact, we can get back the entire money we paid to the vendor."

He mentioned that the Defence Procurement Procedure (DPP) governing all defence deals takes care of the integrity pact by the foreign vendors. "Not a single pie from the Indian government we will lose. As per the DPP, any contract beyond Rs 300 crores, before finalising the contract the vendor will have to sign an integrity pact with the Government of India, agreeing to our conditions. If they violate that condition, they are liable to criminal action," he said.

The Defence Minister said companies are liable to be prosecuted and blacklisted for their lapses. He referred to the actions taken by the government in such cases, where six foreign defence firms were blacklisted.

"I told you earlier that a CBI inquiry... after their first report, they recommended certain actions against companies. The moment we received the complaint, we did not hesitate, we blacklisted six companies. Out of that four are most powerful international companies," he said.

Antony stressed that tough action will be taken against the guilty, despite their stature. "We are not bothered about who the companies are, how strong they are and how influential they are. But everything depends on the CBI inquiry. The moment we get a report from the CBI, whoever is found guilty, Indian or foreigners, we will take strongest action against them. They will have to pay the price for their lapses," he said.

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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 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 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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