The arrest by the CBI of retired Air Chief Marshal Tyagi, the former Chief of Air Staff, on charges of corruption in the AgustaWestland helicopter scam is a blow to the military’s reputation. It was the first time that a retired service chief had been accused and arrested in a major case.
It is a known fact that every defence deal does provide kickbacks, with the main chunk going to the ruling political party. A part of the proceeds is shared by others involved in the process. This case has been under investigation by the CBI for a long time. The question is whether Tyagi played an active role in the scam and was a major recipient of the kickbacks, or is he just a ‘fall guy’ for the ruling party to target the opposition prior to elections?
Passing the Buck
The last time the case made headlines was in May 2016 when five states – Puducherry, Assam, Kerala, West Bengal, and Tamil Nadu – were headed for the polls. It was a weapon in the hands of the government to target the Congress on charges of corruption. These charges dominated the entire election process, hurting the Congress in all five states. After the elections, the scam vanished from the radar, while the CBI supposedly probed deeper and routinely questioned Tyagi. It has again come into the limelight, just prior to the forthcoming elections.
The case involving Tyagi was related to the lowering of the ceiling limit, allowing AgustaWestland to participate in the bidding process. It is an established fact that no single individual has the power to make changes from the initial requirements. There are procedures within the government and all amendments are documented in files.
The Defence Ministry is the final approving authority for any changes. Further, for such a major purchase involving transportation of VVIPs, other ministries and the PMO would also have been involved. Hence, an individual can’t be blamed for any decision, the same being true even for the sharing of kickbacks.
Message to Political Adversaries
Simply put, the process for military procurement commences with laying down qualitative requirements, calling for proposals, studying parameters, conducting trials, and finally, the process of selection based on comparative analysis. It is only after selection that the negotiations are conducted and final orders are placed. Since the process is a prolonged one, it can never be completed during the tenure of one chief. For most of the process, including negotiation and placing of orders, the headquarters are kept out of the loop. Hence, there are more shady actors involved in the case than just Tyagi. In the recent past, almost all defence deals have come under the scanner, openly indicating the involvement of more than just one individual.
The CBI has questioned Tyagi at regular intervals on the suspicion of their fixed and liquid assets. The investigation thus far has focussed only on Tyagi, almost denouncing him as the sole beneficiary. The CBI is yet to make any progress beyond this. Hence, arresting him does not appear to be genuine but more like a message being sent to political opponents on the future course of the investigation.
A Soft Target
The main players in the case who are yet to be questioned are the former NSA, who subsequently moved as governor, now retired; the then defence secretary, who presently is in a position that shields him from investigation; and the then principal secretary to the Prime Minister. I wonder if the CBI would treat all of them in a similar manner, including arresting them while questioning them for details. These principal actors, with immense political support, would have far greater knowledge of the actual distribution of funds that entered the country than would Tyagi. So blaming one individual while ignoring the rest is clearly a case of harassing the weakest link in a long chain.
As election dates are announced and campaigning moves into high gear, the CBI inquiry will also progress, albeit slowly. It will now start moving towards bureaucrats, but most remain deeply embedded, immune from investigation, nor are they as accessible as the retired air chief to open questioning. Hence its speed would be slow, permitting the BJP to continue harassing the Congress, causing it to lose face in every state.
In India’s history, no major player or political leader has ever been arrested and sentenced for their role in obtaining kickbacks from defence deals, while it is well known that every deal is a financial bonanza. The allegations against Congress will continue to grow and draw political mileage till the time of elections. Once the polls are over, the CBI will again go into the hibernation mode, till the next elections and then it will suddenly rediscover the AgustaWestland or another similar scam.
Blow to Army’s Morale
The only loser in this case has been the military, where the message spreading across the rank and file is that of corrupt seniors, affecting their morale and trust – it could not be further from the truth. While Tyagi may be acquitted after a prolonged legal battle, the office he once occupied has been insulted. Therefore, to safeguard the appointment of the Chief of Air Staff and his own reputation, he should provide, in the public domain, any information that he possesses on the deal. Failure to do so would leave him being judged guilty by the nation and impact the morale of his service specifically, and the others in general.
(The author is a retired army officer based in Lucknow. He can be reached @kakar_harsha. This is a personal blog and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)
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