Thursday, December 15, 2016

Dinesh Kamath's Editorial 'Defence scandal' that was published in Newsband

Defence scandal
The Central Bureau of Investigation had arrested Indian Air Force former chief Air Chief Marshal S.P. Tyagi. This is the first instance of a serving or retired military chief being arrested on charges of corruption. He was arrested in connection with the purchase order for VVIP helicopters in 2010 for the IAF.
This is not the first time that the name of a retired military chief has come up in a defence scandal. In 1987 the central investigation agencies had raided Admiral S.M. Nanda, accusing him of being a middleman in the sale of German-made HDW submarines to India in the early 1980s. In 2006 the CBI filed an FIR alleging kickbacks in the purchase of the Barak missile system from Israel, naming among others Admiral Sushil Kumar.
Are the armed forces securing the borders of our country with the arsenal or are they creating an arsenal to strengthen themselves at no cost to themselves? It is strange that in our country it takes years to unearth such conspiracy and the full damage is done by the time conviction and subsequent process is complete. But for Milan Court’s verdict, India would have never come to know of the abuse and sabotage committed by the powers that be.
Other countries send culprits to thirty or fifty years of imprisonment, after quick investigation and trial. We in our over anxiety to save one innocent, thousands are freely looting the country. The system is so made, it seems, to serve for this purpose and not the other way round. No wonder a chief Minister merrily goes on here, explaining that the crores unearthed from him are from his apple farm, and the honourable judicial system provide him the required cushion, one way or other. A time bound court monitored trial and delivery of justice is the remedy, which is Of course a pipedream.
History of such cases reveal that after registering cases, the CBI sleeps for pretty long time, dragging the investigations to a point of time running into many years and this is enough for the parties to destroy evidence. Whether ACM Tyagi is culprit or not is a matter which is subjudice. In real it depends upon whether investigating agencies are able to gather enough evidence to prove the allegations imposed on them. But here one thing should be noted i.e complexities of the issue which becomes major hurdle for investigating agencies to even file the charge sheet in these kind of deals. So defense procurement policy makers should also look into this matter so that problems of agencies could be done away with.
One thing that can be said in favour of the retired ACM is that he had not fled the country or did nor absent himself whenever he was called for investigation. It is a well known fact that decisions he was supposed to have taken could not have been taken by him alone, since defence procurement is a complex process involving so many people. He has become the scapegoat. This doesn't mean that he is innocent. But to arrest at this stage as if he was not cooperating is blasphemous. The case would not be proved since many things would be brokered and finally, the few arrested would be let off with a black mark etched on them forever in their life.
However, the snail paced judicial process in India at last gained momentum to arrest Tyagi and his allies in copter case. The retired air Chief has been accused of receiving ten percent commission on the deal. The dealing of such cases gets delayed and gets complicated due to the difficulties in getting evidence from the concerned supplying country. Already Indian judiciary is slow. When it is a case seeking overseas evidence, the case gets further complicated and it is the yawning from an unshaped mouth. The message from Tyagi's arrest is that military personnel must be honest and should not indulge in corruption on the noble service they render to the nation.

This is only one of the few cases of mighty sharks. But in case of small fishes, thousands of lower government officials, in the past, were exemplarily punished for taking a bribe of few hundreds or less. 

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