The Central Bureau of Investigation (CBI) has finally dispatched a confidential report to the Ministry of Defence listing the status of its probe against the seven firms blacklisted for procurements following the May 2009 Ordnance Factory Board (OFB) scam.
The report, sent by CBI Director Ashwani Kumar to Defence Secretary Pradeep Kumar last month, reveals that the very firms cleared earlier this week by the MoD for field trials are the ones against whom the agency has admitted to having proof of payment of bribes to former OFB Chairman Sudipta Ghosh.
Of the seven blacklisted firms, the CBI has informed the MoD about payment of bribes being confirmed against four companies. The agency has stated that no proof of bribes being paid have emerged against the remaining three, as yet.
The two major players indicted by the CBI are Singapore Technologies-Kinetics and Israeli Military Industries -both of which have now been cleared for field trials in multi-vendor deals.
Top sources in the Ministry of Defence informed The Indian Express that the written opinion of the government's seniormost law officer, Attorney General Goolam Vahanvati, was sought before the go-ahead was given for field trials for blacklisted firms, pending the CBI inquiry against them.
The Attorney General is understood to have opined that it would be in public interest if field trials and evaluations could proceed, but no contracts should be finalised till the CBI concluded its probe. The CBI's status report - dispatched weeks before the announcement of field trials being cleared - is thus important. The CBI has informed the MoD that the current status of the blacklisted firms is as follows:
• Singapore Technologies-Kinetics: Sudipta Ghosh received kickbacks from the firm for the OFB contract for joint manufacture of a 5.56 mm carbine to be procured by the Home Ministry for use of paramilitary forces.
• Israeli Military Industries: Bribes were paid by IMI to Ghosh through his relative, Ashish Bose, when the company received the advance payment of Rs 149.50 crore for the project for manufacture of 155mm Bi-modular charge systems (BMCS's).
• T S Kishan and Co : This Delhi-based company paid bribes to Ghosh, again through Bose, when they received an order for Rs 19.49 crore for execution in the Ordnance factory in Chanda.
• R K Machine Tools: The company was approached by Bose on behalf of the OFB Chairman when they bagged a Rs 11.58 crore order for the Chanda factory, but there is no proof of the bribes being paid.
• Bipromasz Bipron Trading SA: The CBI has stated that they as yet have "nothing on record" to prove that bribes were paid by the company to the ex-OFB Chairman though their technical bid for a OFB contract was seized during searches in Bose's house.
• HYT Innovative projects Pvt Ltd: The proprietor of the Pune-based firm, Bhojraj Hemraj Teli is understood to be the one who introduced Ramesh Nambiar (Air India employee, arrested after the scam) to Ashish Bose and the company bagged the contract for manufacture of tubes for Pinaka rockets. The CBI has evidence of Ghosh demanding bribes for the contract, but Teli apparently did not pay up.
• Rheinmetall Air Defence, Zurich: This is the only company for whom the CBI has quantified the bribes paid for the OFB contract it received for manufacture of revolvers. The firm, which was earlier known as Oerlikon Contraves AG (OCAG) paid Rs 17.50 lakh as bribe to Ghosh through their agent M S Sahini for a collaboration for upgrading L-70 40 mm anti-aircraft guns with the OFB.
THE ORDNANCE BOARD SCAM
The CBI arrested Sudipta Ghosh, the former Director General of the Kolkata-based Ordnance Factory Board and three of his alleged accomplices on May 19, 2009 and recovered cash and foreign depository receipts worth Rs 2 crore. A case was registered under Section 120 (B) and other sections of the Cr PC against Ghosh for entering into a criminal conspiracy with the object of demanding and obtaining huge illegal gratification in supply orders and transfers/postings during his stint as OFB head.
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