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Inspirational! Jawan martyred in 2015, his wife now joins Army

J&K: Martyr's wife joins Army as Lieutenant

Sishar was martyred in an encounter with Lashkar-e-Islam terrorists

Sishar of Gorkha Rifles was killed in an 8-hour long gunfight against the Lashkar-e-Islam (LeI) terrorists.

LeI was founded in 2004 by Haji Namdar and Mufti Shakir.

On September 2, 2015, a search party, of which Sishar was a part, was fired upon by the terrorists.

In the ensuing encounter, two army troopers, including Sishar, sustained injuries.

He later died in a hospital.

Sangeeta's mother-in-law asked her to prepare for banking job

Husband’s death, mother-in-law, motivated Sangeeta to join Army

Sangeeta was a teacher when her husband died and probably in that shock, had a miscarriage later that year.

She quit her job eventually to support her mother-in-law.

As time went by, she took a decision to join the forces.

According to her family, Sishar was the inspiration behind her decision to join the Army.

However, her main push came in 2016

Sangeeta’s real push came when husband was given award posthumously

In 2016, Sangeeta attended an investiture ceremony (an oath-taking program) in Ranikhet, where her husband was also awarded Sena Medal posthumously. According to reports, it was then she realized that she wishes to join the Army, like her husband, and serve the country

Sangeeta’s mother-in-law asked her to prepare for banking job

Sushant Malla, Sangeeta’s brother-in-law, said, “My mother supported her and encouraged her to study further and do a banking job.”

However, Sangeeta changed her mind after attending the investiture ceremony.

“She worked hard and cleared the OTA examination,” Sushant added.

After going through the 49-week extensive and rigorous training at the OTA, she qualified as a Lieutenant in Short Service Commission.


Combat drugs’ to reduce casualties in Pulwama-type attacks

New Delhi, March 11

With 90 per cent of gravely wounded security personnel succumbing to injuries within a few hours, DRDO’s medical laboratory has come up with a range of ‘combat casualty drugs’ that can extend the golden hour till the trooper is shifted to hospital.

The spectrum includes bleeding wound sealants, super absorptive dressings and glycerated salines, all of which can save lives in the event of warfare in jungle and high-altitude areas as well as in terror attacks, scientists said. Citing the February 14 terror attack in Pulwama where 40 CRPF soldiers were killed, they said the medicines could have brought down the death toll. — PTI


Hoarding with PM in military fatigues removed

Sunit Dhawan

Tribune News Service

Rohtak, March 9

The hoarding bearing an image of Prime Minister Narendra Modi in military fatigues, which had been put up at the canal rest house located in the heart of Rohtak town, has been removed.

The Tribune had reported that leaders of the Opposition parties, including the Congress, INLD and AAP, had taken umbrage to the putting up of the hoarding bearing a picture of the Prime Minister in military fatigues and accused the ruling BJP of politicising the defence operations and insulting the armed forces for getting votes. The hoarding had been put up in the wake of the recent airstrike in Pakistan and the escalating tension between the two countries.


Rafale papers stolen from defence ministry, govt tells Supreme Court

Rafale papers stolen from defence ministry, govt tells Supreme Court

The three-judge bench was headed by CJI Ranjan Gogoi. File photo

Satya Prakash
Tribune News Service
New Delhi, March 6

As the Supreme Court began hearing review petitions on the Rafale jet deal today, the government told the court that Rafale papers were stolen from the defence ministry. The apex court, which is hearing petitions seeking a review of its December 2018 verdict refusing to order a probe into the deal, put off hearing until March 14.

The Centre took a strong exception to advocate Prashant Bhushan reading out from “secret” documents. Attorney General KK Venugopal said these documents were stolen from the government either by current or former officials.

“What have you done about it?” the three-judge Bench headed by Chief Justice Ranjan Gogoi asked the AG, who said an investigation had been ordered into the matter.

The Bench left it to the government to file an affidavit detailing the action taken.

The NDA Government signed a deal with France in 2016 for the purchase of 36 Rafale fighter jets manufactured by Dassault Aviation at an estimated cost of Rs 59,000-crore in flyaway condition. The top court had last year dismissed petitions seeking a probe into the deal.

The top court refused to hear the petition filed by AAP leader and Rajya Sabha MP Sanjay Singh seeking a review of its verdict, saying he had made “very derogatory” remarks on its verdict.

The CJI said the court would take action against him after completing the hearing on the review pleas. Before the action was taken, Singh would be given an opportunity to explain his conduct, said CJI Gogoi.

The CJI also refused to accept any new documents from Bhushan, including The Hindu reports, and asked him to confine himself to the documents on record.

Explaining the government’s case, the AG sought the dismissal of the review petitions. At one point he said without Rafale, how cpuld India resist F-16s (of Pakistan).

Venugopal requested the court to exercise restraint while commenting on the Rafale deal as such statements would be used to target either the government or the Opposition. As he asserted that courts cannot rely upon stolen documents, the Bench asked several pointed questions on the issue.

“When there is an allegation of corruption, can the government take shelter under national security?” asked Justice KM Joseph. The Bench said the government can’t take a general stand that no secret documents can be considered. There were judgments which said courts could look into secret documents even when the government had claimed privilege in terms of Section 123 of the Indian Evidence Act, Justice Joseph pointed out.

As Venugopal insisted that the petitioners must reveal the source of the documents, the CJI sought to know what if an accused established the plea of alibi based on a stolen document. “Should the Court ignore?” he asked.


Won’t give info on source: ‘The Hindu’

New Delhi: Documents related to the Rafale deal were published in public interest and nobody would get any information from The Hindu newspaper on the confidential sources who provided them, The Hindu Publishing Group chairman N Ram said. These were published because details were withheld or covered up, the veteran journalist said as the government told the SC that documents related to the deal have been stolen from the Defence Ministry and an investigation into the theft is on. PTI

Chidambaram demands publication of Rafale deal papers

New Delhi, March 7

Senior Congress leader P Chidambaram on Thursday demanded publication of all documents related to the Rafale aircraft deal, saying Article 19 of the Constitution ensured people’s rights regarding freedom of speech and expression.

He said the celebrated judgment of the US Supreme Court in 1971 in the case of the Pentagon Papers was a “complete answer” to the attorney general’s arguments that the media could not publish “so-called secret papers”.

“We fully support the publication of documents pertaining to the Rafale deal. The argument that they are ‘stolen papers’ flies in the face of Article 19 of the Constitution,” he said in separate tweets.

The Article 19 of the Constitution ensures protection of certain rights regarding freedom of speech and expression besides others.

On June 30, 1971, the Supreme Court of the United States had overturned the Richard Nixon administration’s effort to restrain ‘The New York Times’ and ‘The Washington Post’ from publishing a top-secret history of the Vietnam War called the Pentagon Papers.

The government had on Wednesday told the Supreme Court that documents related to the Rafale fighter jet deal were stolen from the Defence Ministry and threatened ‘The Hindu’ newspaper with the Official Secrets Act for publishing articles based on them.

Those who put documents on the Rafale deal in the public domain were guilty under the act as also of contempt of court, Attorney General KK Venugopal had said before a three-judge bench headed by Chief Justice Ranjan Gogoi. PTI

Pawar targets Modi over stolen Rafale documents

Mumbai, March 7

NCP chief Sharad Pawar on Thursday termed as “shocking” the Centre’s statement that documents related to the Rafale fighter jet deal have been stolen from the defence ministry, and wondered what will then be the country’s situation on the security front.

He said it was now obvious the deal was done for the “benefit of some people” and sought to know why the government hid the theft from Parliament.

He also accused Prime Minister Narendra Modi of politicising the Indian Air Force’s (IAF) air strikes on Jaish-e-Mohammed’s camp in Pakistan in retaliation to the terror outfit’s attack at Pulwama in Kashmir where 40 CRPF personnel were killed last month.

The Centre told the Supreme Court on Tuesday that documents related to the Rafale aircraft deal being stolen, prompting the opposition parties to again raise questions over the Rs 58,000-crore defence deal which is already mired in controversy.

“If confidential papers are stolen, then what will be the situation on the security front,” Pawar wondered while interacting with NCP workers in Kolhapur through video- conferencing.

“How can confidential papers go missing from the Ministry of Defence. It is clear now that the Rafale deal was done to benefit some people. Why did the government hide the theft from Parliament. The papers definitely had some important information,” he said.

Terming the government’s stand on Rafale deal issue as surprising, he said, “These are the same people who are refusing an inquiry into the deal while having demanded a probe into the Bofors case.”

Taking a swipe at the prime minister’s earlier remark “na khaoonga na khane doonga” (would not take bribes, nor let anyone do so), Pawar alleged that during Modi government’s rule, the Rafale aircraft cost was increased.

“The contract was taken away from HAL and given to a new company of industrialist Anil Ambani which had no experience in aircraft manufacturing,” he further charged.

The government and Ambani have, however, been denying any wrongdoing.

Further hitting out at Modi over IAF’s air strikes in Pakistan, Pawar said, “It is not the opposition, but PM Modi politicising the situation, and that’s sad.”

India wanted peaceful and friendly relations with all neighbours, including Pakistan. “But Pakistan’s intentions are not similar,” he said.

Even the families of martyrs are saying sacrifices of soldiers should not be politicised, he added.

Pawar also claimed that during the recent all-party meeting over the issue, the BJP did not have a representative.

Criticising the BJP-led government over its demonetisation, he claimed around 15 lakh people lost their jobs due to the note ban decision.

There is no record of how much black money was unearthed, but people had to face lot of hardships, he said. Pawar also claimed that in the last two-and-a-half years, ” 11,000 farmers have committed suicide”.

He acknowledged the role of social media and said it played a “very important role” in BJP’s victory in 2014.

Referring to the Congress-NCP alliance in Maharashtra, Pawar said two joint rallies have taken place so far and discussions are underway for a couple of seats. “Talks are on for one or two seats. A decision on who will contest those one or two seats will be taken on merits.

There will be no issues. By the time elections are announced, seat-sharing formula will be finalised,” he said. PTI

Why PM can’t be probed; justice should be for all: Rahul Gandhi on Rafale

Aditi Tandon
Tribune News Service
New Delhi, March 7

Congress president Rahul Gandhi on Thursday cited new documents to allege corruption by Prime Minister Narendra Modi in the Rafale deal and wondered why the PM should not be probed.

“Justice should be for all,” Gandhi said addressing his 13th press conference on the Rafale matter.

He targeted the government for telling the Supreme Court that the Rafale documents had disappeared from the South Block.

“A new line has emerged that documents have been stolen. That documents disappeared. Two crore jobs also disappeared, fair price for farmers also disappeared, Rs 15 lakh also disappeared, after demonetisation, jobs disappeared. The court was told files disappeared but the one who committed corruption of Rs 30,000 crore will not face any investigation. The primary purpose is to protect him, no matter what institution and what means,” Gandhi said.
He said the government had only one job—how to save the watchman?
Asked if the Congress would file an FIR after the new documents appeared in the media saying PMO conducted parallel negotiations for the 36 Rafale jets ignoring the Indian Negotiation Team (INT), Gandhi said “I’ve said, do what you want legally, but justice should be for all. On the one hand, you say papers are disappearing. They say the PM was doing parallel negotiation. What were parallel negotiations for if not to help someone? Has there been no motive the PMO would have allowed the INT to do its job.”

Gandhi who addressed an early presser since he was to leave New Delhi for his maiden pre-Lok Sabha poll rallies in Punjab and Himachal, said, “We want courts to give justice to everybody. The PM is being openly named. The file says the PMO carried our parallel negotiations. Why should the PM not be probed?”

On Narendra Modi’s recent charge that the Congress delayed the Rafale jet procurement and had Rafales been around India would have been better placed than Pakistan in the ongoing conflict, Gandhi said, “PM’s parallel negotiations for Rafale delayed the delivery schedule. You delayed the delivery because you wanted to benefit industrialist Anil Ambani and put Rs 30,000 crore in his pocket.”


Playing ping-pong with the forces by Rajesh Ramachandran

Rajesh Ramachandran

How many terrorists were killed in Balakot — 250 or 300? How many more seats for the BJP in the General Election — 30 or 60? Unfortunately, the questions that have come up after the first Indian air strike into the Pakistani territory after 1971 are only political, that too, over possible electoral gains for the ruling party. A minister in the Punjab Government echoed the Pakistani army when he asked whether the Indian Air Force was ‘uprooting trees or terrorists’. Well, the BJP has to be blamed for turning a new Indian doctrine of visible and effective response to a terror attack into a political weapon to subdue its rivals during crucial polls. When the Prime Minister personalised a military success and the ruling party owned it up lock, stock and barrel, the Opposition was left with just one option — to debunk the ruling party’s claims.

Unfortunately, when a military operation is pooh-poohed, the ones who get hit are the men and women who had planned the operation meticulously and executed it to perfection. As a copybook military, which doesn’t meddle in politics or has never allowed the political or communal venom to seep into its soul, the nation owes a great debt to the Indian armed forces. They should be left alone. Sadly, Indian politicians are playing ping-pong with a professional force. The Prime Minister’s play of words on a ‘pilot project’ soon after the Balakot strike and BJP president Amit Shah’s claim of 250 terrorists getting killed there should have been avoided. For an Opposition which was confidently hoping of bringing the government down within two months, the BJP’s appropriation of the aerial strike has brought out the worst instincts within them. It didn’t care for the credibility of the armed forces while seeking proof of the attacks.

The attack on the credibility of the IAF forced Chief of Air Staff BS Dhanoa to say that the Air Force counts only targets, not casualties. As the electioneering hots up, it is only going to get worse. Soon, after every rally where the BJP claims credit for forcing the Pakistanis to ban the terror outfits and to hand over Wg Cdr Abhinandan Varthaman in three days, it will be forcing the Opposition to question all these claims. And there is reason to question these claims. There was probably no basis for the news TV channels to scream about 250-300 terrorists getting killed at Balakot. Once the dust settled, The Tribune reported that the real number could be much less — about 30 — and that the Mirage 2000 jets could have missed the main building.

Yet, the ruling party’s politicisation of the Balakot strike has demolished the Indian media’s credibility, too. In the absence of proper official briefing, the media hung on to every word spelt out by officials tasked to plant stories. This tactic has come back to bite the government, with the Opposition questioning these news reports. Worse, the Indian media has come in for a nasty attack from the international media for being ‘the BJP’s propaganda machine’. Ironically, it is coming from newspapers which had no qualms about inventing Saddam’s weapons of mass destruction, justifying the complete destruction of a fairly progressive country, and had gleefully embedded their reporters with the invading army. After all, these arbiters of the freedom of the press have forgotten how they had refused to report the genocide of 30 lakh people of East Pakistan (going by the Bangladeshi count, which could be nationalistic propaganda) and the displacement of one crore refugees who poured into India in 1971 because it did not suit the US interests of humouring Pakistan, which was brokering a deal with China.

So, if some newspapers like The Tribune did not print the picture of Abhinandan’s bloodied face, it was out of sheer respect for our armed forces and the thorough professionals who run them. And not because the newspaper agrees with anyone’s attempt to own up a hero in captivity. Sadly, the BJP’s attempt to politicise the strike has dampened an otherwise brilliant military move, which is being hailed as a great moment in the history of the IAF. The real questions which the Indian and the international media ought to be asking have all got drowned in dubious claims of the number of terrorists killed. Did an ageing MiG-21 shoot down an F-16? Did the Pakistani establishment use an F-16 against India, violating the contract with the US? Did the Pakistanis send a package of aircraft towards the LoC on February 27 to hit at Indian military assets as a retaliation to Balakot? Why did a certain section of the media term Imran Khan a man of peace after he nearly triggered a full-fledged war with India? After all, the international media is investigating poorly informed Indian journalists and not Lockheed Martin to verify the Indian claim of downing the F-16 or the Pakistanis shooting a US-made AMRAAM missile into an Indian military compound.

Even an honest assessment of the strategic merit of the aerial strike is eluding us as all we have is a partisan attempt to praise or slam the BJP. We may have to wait till the parliamentary polls to examine whether a Kasab strutting around the Victoria Terminus with an automatic rifle in hand is a better memory than a hilltop getting hit by a few Indian missiles. Till then, if the BJP is a truly nationalist party it should keep the armed forces out of the political crossfire, which is only going to get nastier and more feverish. As for the godi media, it too ought to wait for the election results. What if it has to switch masters?


Free flight facility for paramilitary in J&K MHA nod to air travel post Pulwama

Free flight facility for  paramilitary in J&K

Photo for representational purpose only

New Delhi, February 21

Personnel of the paramilitary forces deployed in the Kashmir valley for counter-terror operations have now been entitled to take commercial flights to either join duty or go on leave, in the wake of the killing of 40 jawans in a deadly attack on their convoy in Pulwama.

The Ministry of Home Affairs said it “has approved the entitlement of air travel on Delhi-Srinagar, Srinagar-Delhi, Jammu-Srinagar and Srinagar-Jammu sectors to all personnel of Central Armed Police Forces (CAPFs)”.

This includes, the order said, their journey for joining duty, transfer, tour or going on leave. The decision is expected to benefit personnel in the ranks of constable, head constable and assistant sub-inspector who were otherwise not eligible. Till now, officers in the rank of inspectors and above were given this air travel facility.

Officials said the facility is in addition to the existing air courier services for CAPFs where an entire aircraft is booked. The decision has been taken to help jawans cut down on travel time. — TNS/PTI

 


Sidhu didn’t support Pakistan, says Kapil Comedian refuses to confirm whether the Punjab minister is being replaced on his show

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Naina Mishra
Tribune News Service
Chandigarh, February 18

Amid the buzz around Punjab Cabinet Minister and member of “The Kapil Sharma Show” Navjot Singh Sidhu being replaced on the popular comedy show, comedian Kapil Sharma refused to confirm it during an interaction with the Press held at Chandigarh University today.

A day after the dastardly suicide attack in Pulwama, in which 40 CRPF jawans were killed, Sidhu had stated, “Nations cannot be blamed just for a handful of people. These people have no country, no religion. They act as deterrents in the peace process. We need to deal with them strictly”.

Clarifying Sidhu’s statement on the Pulwama terror attack, Sharma said, “Sidhu did not support Pakistan by saying that we cannot blame the nation for the dastardly act, what he said was that terrorism has no nation.”

Sharma said the controversy surrounding Sidhu was because of his previous visit to Pakistan and after the recent controversy in the wake of the Pulwama attack, people wanted him out of the show.

Sidhu’s statement drew widespread condemnation from all quarters of the country with hashtags like #BoycottSidhu #BoycottKapilSharmaShow and #BoycottSonyTV trending on Twitter.

Several people took to Twitter to demand that “The Kapil Sharma Show”, on which Sidhu has been a staple for several years now, should sack him for his remarks.

“If the issue of terrorism could be solved by ousting him from the show, we would have requested Sidhu to leave the show. There is always propaganda behind Twitter trends. The youth are directed to different issues through such propaganda-motivated tweets like #BoycottKapilSharma #BoycottSidhu,” he added.

It was learnt that actress Archana Puran Singh will replace Sidhu on the comedy show.

Asked whether Sidhu would be seen on the show, he said, “As he had some commitment, Archana Puran Singh has shot two episodes. It is ultimately the decision of the channel.” Sharma condemned the Pulwama attack.


US NSA dials Doval, vows to corner Pak

New Delhi, February 16

US NSA dials Doval, vows to corner Pak

The US has come out in categorical support of India’s quest to shut down terrorist infrastructure in Pakistan and bring to book the masterminds of the Pulwama attack on a CRPF convoy.

The US said it would offer “all assistance” to India to bring the perpetrators and backers of the attack promptly to justice, as per a Ministry of External Affairs readout of a telephonic talk between NSA Ajit Doval and US counterpart John Bolton on Friday.

The call came from the US, which also backed India’s right to self-defence against acts of terrorism. The two NSAs “vowed” to work together to ensure that Pakistan ceased to be a “safe haven” for JeM and terrorist groups that target India, the US and others in the region.

They resolved to hold Pakistan to account for its obligations under UN resolutions and to remove all obstacles to designating JeM leader Masood Azhar as a global terrorist. — TNS


Local hand, foreign design in Valley attack

Counter-terror operatives say govt was apprised about possibility of car bomb attacks, Jaish plan to “spectacularly” target forces

From page 01 NEW DELHI: Senior government officials are concerned about the lack of action on a high-level intelligence alert on the possibility of a Jaish-e-Mohammed (JeM) attack between Pulwama and Srinagar. They admit that it will be very difficult for India to not retaliate after Thursday’s attack in Pulwama — the worst in three decades of insurgency.

REUTERS■ At least 44 CRPF personnel are feared dead after a Jaish suicide bomber rammed a vehicle carrying over 100 kg of explosives into their bus in Pulwama district on Thursday.Counter-terrorism operatives suspect the attack was payback for the killing of JeM chief Masood Azhar’s nephew Usman Haider in an encounter in Tral last October.

The operatives, who asked not to be identified, said the Narendra Modi government had been apprised and was concerned about the possibility of car bomb or lone wolf attacks in the hinterland.

According to the government officials, who asked not to be identified, recent communication intercepts by intelligence agencies, coupled with a public declaration by Azhar’s younger brother Rauf Asghar that the terror outfit would “spectacularly” target the Indian security forces, and the posting of a video of a bus being blown up on the terror group’s website, all indicated a major terrorist attack. This intelligence was communicated to all internal security agencies on the eve of the attack, they added. HT couldn’t independently confirm this.

A police alert released on February 8 said before deployment of forces the area should be sanitised as there were inputs over the possible use of IEDs.

To be sure, analysts say, a suicide bombing that involves a large quantity of explosives and a car would have required a lot of co-ordination and planning – and would have resulted in some chatter.

Other generic inputs circulated through the Multi-Agency Centre (MAC) warned about a possible attack as well. One alert pointed to the so-called Kashmir Day – the hanging of Afzal Guru and Maqbool Bhat on February 9, 2013, and February 11, 1984 – and warned about a possible terror attack by JeM. On Tuesday, the local CID unit of the Jammu and Kashmir Police also warned about a possible attack.

Although the counter-terrorism operatives do not blame the Central Reserve Police Force (CRPF) for moving 2,500 personnel in a convoy through the sensitive area, the worry is on how to counter Pakistan-based terrorist groups if they escalate such terror attacks to the hinterland.

According to intelligence officials, Haider was killed in a security encounter on October 31, 2018 and IC-814 hijacker Athar Ibrahim’s other son Mohammed Umar is still stuck in the Valley. Ibrahim is Azhar’s elder brother. IC-814 was the Indian Airlines flight hijacked from Kathmandu to Kandahar in December 1999; India was forced to release three prisoners including Masood Azhar to secure the release of the passengers.

Preliminary reports on explosive analysis at the Pulwama spot indicate that the vehicle that rammed into the CRPF convoy was laden with RDX . Tests carried out by the National Security Guard (NSG) explosives team at the spot along with other teams have indicated this. A high-level NSG team is also reaching the spot on Friday.

“How and from where such a large quantity of explosives was gathered is a matter of investigation, but it points to a failure,” said a senior official in the security establishment who did not want to be identified.

“There have been reports of explosives being smuggled from the quarries [in south Kashmir],” another senior official in Jammu and Kashmir said.

At the same time, why the convoy was not adequately protected is also a question of inquiry. Officials in the security establishment are of the view the convoy was spotted soon after it moved. “It is not difficult to predict the time. Once a convoy leaves Banihal tunnel, the time is taken to reach this area, or Srinagar is predictable,” an officer said.


Government waived anti-corruption clauses in Rafale deal

It also overruled Financial Advisers’ recommendation for an escrow account after PMO forced a waiver of sovereign or bank guarantee

The €7.87-billion Rafale deal between India and France involved major and unprecedented concessions from the Indian government, with critical provisions for anti-corruption penalties and making payments through an escrow account dropped days before the signing of the inter-governmental agreement (IGA). This has significant political implications for the Narendra Modi government which has claimed that eliminating corruption is a major plank of its agenda for governance and promised action against alleged corruption in defence deals struck during the United Progressive Alliance Government.

It is significant that neither this nor other important information published by The Hindu on the “parallel negotiations” conducted by the Prime Minister’s Office and the National Security Adviser seems to have found a place in the material submitted by the government to the Supreme Court of India.

Financial Adviser Sudhansu Mohanty’s observations in an official note, in facsimile

Financial Adviser Sudhansu Mohanty’s observations in an official note, in facsimile

The high-level political intervention meant that standard Defence Procurement Procedure (DPP) clauses on “Penalty for use of Undue Influence, Agents/Agency Commission, and Access to Company accounts” of Dassault Aviation and MBDA France were dropped by the Indian government in the supply protocols. Under the terms of the IGA signed between India and France in Delhi on September 23, 2016, Dassault is the supplier of the Rafale aircraft package while MBDA France is the supplier of the weapons package to the Indian Air Force.

Official documents available to The Hindu reveal that the Defence Acquisition Council (DAC) chaired by the then Defence Minister, Manohar Parrikar, met in September 2016, and “ratified and approved” eight changes in the IGA, supply protocols, offset contracts and offset schedules (see Box 1). This was done after the IGA and associated documents had been approved by the Cabinet Committee on Security (CCS), chaired by Prime Minister Modi on August 24, 2016.

Box 1: The DAC ratified and approved the following:
  • Revised Article 5 of the IGA.
  • Revised Clause 21 (Arbitration) of the Supply Protocols.
  • Non-inclusion of the Standard DPP Clauses related to ‘Penalty for Undue Influence’, ‘Agents/ Agency Commission’ and ‘Access to Accounts’ in the Supply Protocols.
  • Inclusion of additional Articles 9 to 17 of Offset Contracts to those specified in model Offset Contract of DPP 2013.
  • Revised Article 9 of the Offset Contracts aligned with the xx clause of the Supply Protocols.
  • Revised Article 12 of the Offset Contracts aligned with the Contract.
  • Revised Offset Schedules of DA and MBDA.

The most significant among these eight changes, recorded in a note signed by Vice Admiral Ajit Kumar, DCIDS (PP&FD) who was the member-secretary of the DAC, is at sub-para (c). This states: “Non-inclusion of the Standard DPP Clauses related to ‘Penalty for Undue Influence,’ ‘Agents/Agency Commission’ and ‘Access to Company Accounts’ in the Supply Protocols.”

It is highly significant that these clauses were dropped by the Indian government from the supply protocols. While the IGA was the overarching agreement between the governments of India and France, the supply protocols were to be executed by Dassault and MBDA, the two private companies.

This direct dealing with the commercial suppliers, under cover of an IGA, was highlighted in a detailed note of dissent signed by three members of the Indian Negotiating Team — M.P. Singh, Adviser (Cost), A.R. Sule, Financial Manager (Air), and Rajeev Verma, Joint Secretary and Acquisitions Manager (Air). The document, which is available to The Hindu, reveals that these three members took a strong stand against what was being rammed through. On the direct dealing with the two companies, they noted: “Notwithstanding the fact that the procurement is on Government-to-Government basis, the IGA involves ‘Transfer of Rights and Obligations’ relating to supplies of equipment and related industrial services by French Government to the French Industrial Suppliers, and the payment is also being made to the French Industrial Suppliers and not to the French Government; therefore, it is not advisable to sacrifice the basic requirement of financial prudence.”

Sections on penalties

The Rafale deal was signed between India and France under the terms of DPP-2013. The Standard Clauses in Contract are mentioned in Enclosure 8 of DPP-2013. This has sections on penalties for the use of undue influence, an integrity pact, agents/agency commission and Access to book of accounts. Paragraph 37 of Request for Proposal (RFP) in DPP-2013 states that “the Standard Contract Document at Chapter V of DPP2013 [bit.ly/DPP-2013] indicates the general conditions of contract that would be the guideline for all acquisitions.”

Despite the DPP stating explicitly that the Standard Contract Document “would be the guideline for all acquisitions”, the Indian government chose to remove these clauses from the supply protocols with the two private defence suppliers. This assumes particular importance as the government also chose to do away with a sovereign or bank guarantee from France and settled for a letter of comfort, which is not legally binding, from the French Prime Minist

The letter of comfort issued by the French Prime Minister on September 8, 2016 (put out by ANI) states that “assuming that Dassault Aviation or MBDA France meet difficulties in execution of their respective supply protocols and would have to reimburse all or part of the intermediary payment to Government of the Republic of India, the Government of the French Republic will take appropriate measures so as to make sure that said payments or reimbursements will be made at the earliest.”

Govt. intervention

This letter of comfort came after another last-minute intervention by the Indian government in September, when the Cabinet Committee on Security chaired by the Prime Minister issued a corrigendum to the note forwarded by the Defence Ministry for the CCS, doing away with the requirement for an escrow account operated by the French government to make payments to the two companies. This proposal to amend the IGA, which had been approved by the CCS on August 24, 2016, was moved by Smita Nagaraj, Director General Acquisition, in the Defence Ministry.

Safeguards

The proposal, which states that “this issues under the direction of Raksha Mantri,” asked the CCS to issue a corrigendum to the minutes, amending Para 50(b) of the note giving approval to the IGA. It reads: “Raksha Mantri has directed that attention of Secretariat is drawn to the fact that in the context of the proposal contained in Para 50(b) of the CCS Note, stated that in the event of payment into escrow account is not found feasible, MOD shall work out alternative safeguards in consultation with the French Government, in which an assurance will be obtained from the French Government to provide effective oversight of utilization of payments released to the French industrial suppliers.”

The amended Para 50(b) of the CCS Note approving the IGA [see Box 2] did away with the need for ensuring that the payments made by the Indian government were done through an escrow account operated by the French government. The escrow account was a measure of financial prudence: the payments would be released by the French government to Dassault and MBDA with the concurrence of the Indian government.

Government waived anti-corruption clauses in Rafale deal

The proposal to have an escrow account operated by the French Government was recommended by Sudhansu Mohanty, Financial Adviser (DS) on January 14, 2016. It was in Note-263, which begins with this qualification, “I wish I had sufficient time to go through the entire file and mull over the various issues raised. However, in view of the fact that the file has to be submitted to RM immediately, I would like to make the following quick observations from the Finance point of view.”

Important observation

One of Mr. Mohanty’s important observations was: “In the absence of a sovereign/bank guarantee, in a case like this where an IGA is to be signed, it would be prudent to involve the French Govt. as far as releases are concerned. This possibly could be done through an Escrow account or a variant of the same where the money released by the buyer (Govt. of India) is paid to the Escrow account held under the charge of French Govt. to make further payments to the firm as per terms & conditions agreed to by the Indian and French Govt. through IGA. This would make French Govt. morally and materially responsible for the procurement so proposed. Since they are one of the parties to the IGA and also jointly and severally responsible for the execution of the supply protocol, they should not be having any reservation about it.” Evidently, the French government did.

Mr. Mohanty’s note, it is now known, came after the Prime Minister’s Office (PMO) and National Security Adviser Ajit Doval chose to waive the sovereign or bank guarantee from France. As reported by The Hindu on February 8, 2019, Defence Ministry officials had objected to the “parallel negotiations” being conducted by the PMO, which was “undermining the process of formal negotiation with the French side… may be detrimental to our interests as the French side may take advantage of same by interpreting such discussions to their benefit and weakening the position taken by the Indian Negotiating Team. This has precisely happened in this case.” The Defence Ministry note, which was dated November 24, 2015, cited as “a glaring example” how the parallel negotiations had undercut “the position taken by MoD and conveyed to Indian Negotiating Team that the commercial offer should be preferably backed by Sovereign/Government Guarantee or otherwise by Bank Guarantees.”

Contrary positions

Another example cited in the note was the contrary positions taken on the arbitration arrangement.

The then Defence Secretary, G. Mohan Kumar, who now says “there were no parallel negotiations” and that the Rafale deal was negotiated in the “most transparent way”, had endorsed the protest note in his own hand on November 24, 2015: “RM may pl. see. It is desirable that such discussions by avoided by the PMO as it undermines our negotiating position seriously.”

The need for a sovereign or a bank guarantee was also highlighted by the Ministry of Law and Justice in its communications to the Defence Ministry, documents available to The Hindu show.

Active push

As for the part played by Mr. Parrikar in the Rafale deal, what has been established is this. From a stance of being non-committal, as evidenced by his hand-written notation of January 11, 2016, he shifted later that year to actively pushing for the changes, giving the financial experts little time to study the proposals.

He chaired the September 2016 meeting of the Defence Acquisition Council that “ratified and approved” the eight changes, including the decision to drop the provision of penalties for corruption in the supply protocols with the private companies.

In his official capacity, he also directed the issue of a proposal that led to doing away with the provision for an escrow account as a financial safeguard.