Former Air Force chief SP Tyagi, who headed the force between 2005 and 2007, on Saturday dragged the then Prime Minister’s Office into the Rs3,600 crore AgustaWestland scam, saying the VVIP chopper deal during UPA-2 regime was a “collective decision” and not his individual one. Tyagi, who was sent to four-day CBI custody by a city court on Saturday, said the then PMO was part was of the decision to procure the choppers but only he was being “arrayed and singled out”.
Besides Tyagi, Metropolitan Magistrate Sujit Saurabh remanded to custody SP Tyagi’s cousin Sanjeev Tyagi and advocate Gautam Khaitan, also arrested in the case related to procurement of 12 VVIP choppers from the UK-based firm.
Meanwhile, Air chief Arup Raha on Saturday described the arrest of SP Tyagi as “unfortunate”, and said that it has “dented” the force’s reputation. “Very unfortunate that such an episode has taken place. It does dent our reputation as a professional force. But we believe in the rule of law,” Raha told reporters in Kolkata. “I am sure every Indian citizen believes in rule of law and the due process is on,” he said, adding “whatever is the final verdict we will go by that”.
Opposing the CBI’s plea for ten-day custody, senior counsel N Hariharan appearing for Tyagi said, “It was a collective decision and not his (Tyagi’s) individual one. It was a collective decision of which PMO was also a part. There should a specific purpose on completion of the enquiry. Accused SP Tyagi has always cooperated.”
“Choppers were meant for VVIPs. The PMO suggested the change of service ceiling (6,000 metres). How many times VVIPs visited SiachenIJ Procurement of chopper deal was a collective decision,” said Tyagi’s counsel, adding FIR in the case was registered over three years ago and there was no fresh ground for the arrests now.
Hariharan also argued that “the entire material is already with the CBI for sometime and Tyagi joined the probe whenever he was called for. There was a house search a day after the registration of the FIR and CBI had seized all the required materials”. At this stage, SP Tyagi, who was present in the court, told the magistrate, “he can give account of all his land investments if they (CBI) want.”
“The file moved through several levels but he was the only one who has been arrayed as accused,” said Tyagi, adding that the investments were made by him post-retirement and there is no ground for seeking his remand.
However, seeking ten-day custody, the CBI told the court that he (Tyagi) was needed to be quizzed to unearth a “very large conspiracy having international ramifications”. The CBI officials said that while “he was serving as the Air Force chief, Tyagi’s family invested in agriculture land and hence, he has to be interrogated”.
“Agusta was engaging middlemen regularly. Bribes were paid and an investigation is going on,” CBI counsel told the court, seeking 10 days remand of the former Air Force Chief, who is the first service chief, acting or retired, to be arrested.
The agency said the accused were required to be confronted and their assistance was needed to collect evidence and details of the bribe amount paid by AgustaWestland through different back channels abroad. It said they were required to be interrogated and confronted with each other and the incriminating evidences. The agency alleged that Tyagi had “abused his official position, and when he was the Air Chief Marshal, he had made huge investments in land and other (properties) and he had not disclosed the source of his income.”
The CBI alleged that Khaitan was the “brains” behind how the bribe money reached India and several companies through which the money travelled came into existence.
It also said the involvement of several others in the entire conspiracy cannot be ruled out. “It was a very large conspiracy having international ramifications. Involvement of others in the conspiracy cannot be ruled out.” The agency claimed that sensitive documents were procured by the firm’s officials and several information regarding the procurement of choppers were conveyed to the firm after which the AgustaWestland got the deal.
During the hearing, senior public prosecutor Raj Mohan Chand said on October 31, 2004, SP Tyagi was appointed the IAF chief and he had to take the charge on January 1, 2005. Till that time, he was attached with the then IAF chief. The agency said at a meeting on March 1, 2005, a fresh tender was issued for procurement of choppers and a U-turn was taken on decisions taken earlier regarding the chopper deal. Under the earlier decision, the choppers had to be twin-engined but after this meeting, at Tyagi’s instance, it was amended to “at least twin-engined”, it alleged.
This amendment was intended to make AgustaWestland eligible for entry as its choppers had three engines, the CBI claimed, adding that Carlo Gerosa, the alleged European middleman, and Sanjeev Tyagi were known to each other. later, another alleged European middleman, Guido Haschke, came in contact with Sanjeev through Gerosa, it said. CBI further alleged that officials of AgustaWestland visited India several times and they, along with Haschke, met Tyagi unofficially and continued their contact.
The deal to supply 12 VVIP helicopters from AgustaWestland came under the scanner after Italian authorities alleged that bribe was paid by the company to clinch the deal. Tyagi, who retired in 2007, has been accused of influencing the deal in favour of AgustaWestland during his tenure as the IAF chief. He has denied the allegations. The former Air Force chief has been denying all the allegations hurled against him in the Rs 3600-crore scam, told the court that he is ready to give the details of his agriculture land purchase.