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Ex-IAF Chief Tyagi was bribed to swing chopper deal, says Italy probe

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Ex-IAF Chief Tyagi was bribed to swing chopper deal, says Italy probe - Indian Express

Italian investigators Tuesday alleged that business conglomerate Finmeccanica bribed S P Tyagi when he was chief of the Indian Air Force to swing the controversial AgustaWestland VVIP chopper deal in favour of the company.

The allegation is made in a preliminary inquiry report of the suspected corruption in the Rs 3,546 crore deal filed by prosecutors in Italy on Tuesday.

The 64-page report, filed in the tribunal of Busto Arsizio city for the arrest of Finmeccanica CEO Giuseppe Orsi, gives details of the case being investigated by Italian prosecutors and alleges that the then air chief, S P Tyagi, was instrumental in swinging the deal and was paid — "certain amount of money, not yet quantified" — through intermediaries.

Several attempts to reach Tyagi for his comment were not successful.

Last October, when The Indian Express had reported that Julie Tyagi, an Indian businessman named by Italian prosecutors in the alleged kickbacks probe, was closely related to S P Tyagi, the former air chief had confirmed to the newspaper that he was related to Julie but had also said they had no business links.

This is the first time that a service chief has been named in a probe into alleged corruption in the procurement of defence systems.

The report, a copy of which is with The Indian Express, alleges that technical requirements for the contract were tweaked by India to allow the AgustaWestland chopper enter the bidding process and that kickbacks of 51 million euros (about Rs 370 crore) were paid in Italy and India.

The Italian report names three brothers — Julie Tyagi, Docsa Tyagi and Sandeep Tyagi — as the Indian intermediaries who allegedly got kickbacks and passed it on to Indian officials. It says Finmeccanica's Orsi and alleged middlemen Guido Haschke, Carlo Gerosa and Christian Michel facilitated the payments to India.

Julie Tyagi is the Indian businessman who had been named in October as a relative of S P Tyagi.

"They promised and managed to pay, through brothers Julie Tyagi, Docsa Tyagi and Sandeep Tyagi, a certain amount of money, not yet quantified, to Air Chief Marshal Shashi Tyagi, Chief of Staff in the Indian Air Force from 2004 to 2007 - a public officer or anyway in charge of functions and activities equivalent to those of a public officer in India - to perform and for having performed a deed against his office duties," the report says.

The report also named Britain-based consultant Christian Michel as the other major middleman in the deal. It alleges that Michel was paid a "total amount of about 30 million euros, partly destined to support the corrupt activity meant to bag the order and partly to implement the contract".

The report discusses the Indian contract in detail and alleges that technical requirements were tweaked to ensure that the Italian chopper qualifies. As first reported by The Indian Express, the service ceiling requirements for the contract were changed by the Defence ministry before the tenders were issued in 2006, giving AgustaWestland a chance to qualify.

"Haschke and Gerosa, through the Tyagi brothers, in turn through their cousin Shashi Tyagi managed first to change the tender details, in a favourable way to AgustaWestland, modifying the 'operational ceiling' from 18,000 ft to 15,000 ft of altitude, thus allowing AgustaWestland (which otherwise could not have even submitted an offer) to take part in the tender," the report says.

It alleges that the flight trials were also tweaked. The trials were conducted after Tyagi retired in 2007.

"Then they managed to introduce a comparative flight trial with non-functional engine, thus facilitating AgustaWestland helicopters, the only ones which had three engines. In this way, they managed to get the contract to AgustaWestland," the report says.
 
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And the other side, from SP Tyagi:

Allegations baseless, says SP Tyagi on VVIP chopper deal - Hindustan Times

Former IAF chief Air Chief Marshal S P Tyagi on Wednesday refuted allegations that he was paid bribes to swing a Rs. 3,600 crore deal for procuring 12 choppers from Italian firm Finmeccanica to ferry VVIPs. "I am innocent. These allegations are totally baseless and I am denying them categorically. The deal was signed in 2010 whereas I retired in 2007 itself," he said.

Asked if he had changed any specifications for the contract to favour Finmeccanica, Tyagi said the "staff qualitative requirements for the VVIP choppers were frozen in 2003, much before I assumed the office of Chief of Air Staff, and the IAF did not change any requirements after that."

Asked about his relations with three alleged middlemen for the deal including one 'former IAF officer Captain Tyagi', the former Chief said he was his cousin but their relationship did not go beyond this.

Reports on Wednesday suggested that Italian investigators have alleged in a preliminary inquiry submitted in an Italian court that business conglomerate Finmeccanica bribed S P Tyagi when he was chief of the Indian Air Force to swing the controversial AgustaWestland VVIP chopper deal in favour of the company.

After the arrest of Finmeccanica's head on Tuesday in Italy in connection with the controversial deal, the Defence Ministry here ordered a CBI probe into the charges.

"I have been hit by a thunderstorm," Tyagi told reporters on allegations that the Italian company had bribed him to swing the chopper deal in its favour.

Another scam unfolded with the arrest of the head of a state-controlled Italian aerospace company that is suspected of paying bribes of about Rs. 362 crore in India to get orders for helicopters to ferry Indian VVIPs, prompting the government to order a CBI probe.

The Ministry of Defence also decided to put on hold the receipt of the remaining nine of the 12 helicopters for which the Rs. 3600 crore deal was struck in 2010.

"Giuseppe Orsi, the head of Italian defence and aerospace giant Finmeccanica, was arrested on Monday in relation to a probe into international corruption. He is suspected of involvement in the payment of bribes regarding the sale to the Indian government of 12 helicopters produced by Finmeccanica's subsidiary AgustaWestland," Italian news agency Ansa said.

"There is smoke," Tyagi said while favouring a probe into the deal.

"When I became the Air chief in 2004 and in 2007, I retired, during that period no changes were made.

"According to my information, nothing was done which raises a suspicion from my side. But it is true if there are so many reports, then there is something in it.

"I don't know what it is but all I can say is that it should be inquired. There should be an inquiry so that all the facts come out. I am not only ready for an inquiry but I want an inquiry," he said.

"There is a scandal. People must know about it," Tyagi said.

Asked about the alleged involvement of three of his relatives, he said, "The fact is they are related to me. But there are no business links (as alleged) with them....We were really not in touch when I was in service".

"Tender was issued during my tenure but the charge is that the company which got the tender, AugustaWestland they may not have been able to compete if the requirements would not have been changed. For these matters only somebody will bribe me.

"So I want to tell you two-three things - Air Headquarters cannot change requirements. It is not a general store, there is a system. The system is Air Headquarter can recommend but cannot approve," the former Air chief said.

Maintaining that there were no changes between 2004 and 2007, he said, "If you remember in 2000, the Defence Minister was George Fernandes, he use to go to Siachen and other places. So it was thought that VIPS will go to Siachen. So till 18000 feet the plane should operate.

"If Prime Minister accompanies them, SPG will also go. His PS will also go. So what should be its weight and other technicalities. So I don't know about these things. But there was a talk about 18,000 feet. When in 2000 tender action was taken they got to know that nobody in the world builds a plane that operates at 18,000 feet only. In the entire world, a French plane was there which could operate at 18,000 ft," he said.

In 2003, Government said it is not proper. SPG said cabin weight of the copter is low and they will not be able to stand in it, he said, adding that the SPG wanted to be involved in the selection process.

These changes were made in 2003 before he took over, Tyagi said.

"After that I know only this much that SPG and Defence Minister had a lot of correspondence on the kinds of fittings in the plane for example SPG wanted to install an armour plate but we said plane will not fly because it will be heavy. It will become a tank," he said.
 
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Graft in high places has become normal in SA. However, India leads in this subject.
 
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AW 101 is a VIP transport Helicopter and even if there is an iota of doubt, the deal should be scrapped right away. The only ones going to be affected by this would be VVIPs and for a change let them also experience the frustration that IAF feels when it grapples with little or no essential hardware like Trainer aircrafts etc.
 
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AW 101 is a VIP transport Helicopter and even if there is an iota of doubt, the deal should be scrapped right away. The only ones going to be affected by this would be VVIPs and for a change let them also experience the frustration that IAF feels when it grapples with little or no essential hardware like Trainer aircrafts etc.

Not as easy as that. The case has still to be probed & proved before such action can be taken. It all depends on how much money has already been transferred, getting it back in case of cancellation won't be easy. I'm sure there are safeguards in the deal to handle such a situation (integrity clause) as mentioned by Antony, we will just have to wait.
 
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A independent probe should be ordered, CBI under the govt. can do anything to hide thier guilt as seen in Bofors scandal..

The Ex-Chief has valid points, however the inquirly should be ruthless and all leads should be impartially followed.
 
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^^ Anant, I like the way you think! As for the accusation of corruption in our armed forces.....well folks.....there is more to come. This is just a tip of the iceberg. Tyagi conveniently points out how he left the forces in 2007 while the deal was signed in 2010. The problem is that corruption is so bad on the top, that even when folks retire they are able to manipulate who gets promoted. They try their level best to put a few close candidates increasing the odds that someone favorable gets chosen. This has been going on for so long, even the non officers have complained of such only to be sidelined and threatened. If we don;t root out corruption in the armed forces, our defence is and will be severely compromised.
 
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Not as easy as that. The case has still to be probed & proved before such action can be taken. It all depends on how much money has already been transferred, getting it back in case of cancellation won't be easy. I'm sure there are safeguards in the deal to handle such a situation (integrity clause) as mentioned by Antony, we will just have to wait.

Pretty right Sir,
Almost in all Purchase orders there is a clause against malafide intents and practices. However this is a complex legal matter and Government of India has full rights to claim its money back in case agreed court of arbitration establishes that the order was won by party by using wrong means of influence. I honestly am not aware of Laws in Italy but assume that Italian Government would certainly conduct a free and fair inquiry. One thing however is for sure AW in all likelihood may get blacklisted.
 
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In the event of a cancellation, what would happen to the three helos they have already received?
 
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Mujhe Maro...koi Mujhe Maro...Iss Mulk mai kon Currupt nahi hai :frown:
 
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So the Chief is blamed just because one of his relatives is involved? :what: He wasn't even the chief when the deal was struck. And Air HQ has no authority to change the GSQR at a later stage once it has been approved.
 
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AW 101 is a VIP transport Helicopter and even if there is an iota of doubt, the deal should be scrapped right away. The only ones going to be affected by this would be VVIPs and for a change let them also experience the frustration that IAF feels when it grapples with little or no essential hardware like Trainer aircrafts etc.

No mate these helos are for the very highest officials in India not just any babu but the PM,president,service chiefs and the highest cabinet ministers. There is a very real need for these helos.


Prasun Sengupta's take:

To Anon@5.39PM: What I had said was that the contract for 12 AgustaWestland AW-101s was devoid of any wrongdoing from the Indian side, i.e. no bribes or commissions were paid in order to secure the contract simply because the results of the competitive bidding process were made known to both AgustaWestland & Sikorsky in a transparent manner & that’s how the AW-101 had prevailed over the S-92. Financial impropriety is committed only when one wants to appear to be more equal than others in a competitive bidding scenario. In this case, the ASQR originally drafted by IAF HQ on behalf of the Special Protection Group (SPG) was so outrageous that none of the contenders could ensure compliance with the ASQR. Then both OEMs (AgustaWestland & Sikorksy) made representations to the Special Protection Group for diluting the ASQR parameters & this was done. Finally, it emerged that the AW-101 had scored the maximum number of compliance-related points. What happened next is that Finmeccanica over-charged the Govt of India to the tune of 51 million Euros & this amount was routed through Switzerland-based consultant Guido Ralph Haschke & UK-based Christian Michel to Finmeccanica’s CEO Giuseppe Orsi who in turn transferred this money to Italy’s Lega Nord political party.
Now, the ‘desi’ mass-media entities are tying themselves up in knots by speculating that either the IAF HQ or the SPG was financially compromised & induced to declare the AW-101 as the winner of the competition. But so far, no money-trail has been conclusively established & what Italian investigators are suspecting is that money laundering took place in which funds were routed to India through Tunisia and Mauritius. Now, just ask yourself this question: would any India-based arms dealer ever bring inside India his/her ill-gotten wealth, or will he/she prefer to park such funds in an offshore account outside India?
In conclusion, therefore, once the case goes to the Italian courts, it will emerge that there were no corrupt practices followed inside India & all wrongdoings took place within Italy & involved mainly Italian citizens. At the most, the Govt of India will be legally entitled to penalise Finmeccanica for overcharging to the tune of 51 million Euros & will claim liquidated damages from Finmeccanica.



Does anyone remember how last year there was the same media frenzy that fizzled into NOTHING?!!
 
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I'm sure it's not as black & white as it sounds. SP Tyagi could be the one at the front line for the moment, but there's bound be few from political front down the line. Afterall IAF can't go & place the order unless it's cleared many hurdles within the MOD. Then again.. SP Tyagi could be made to pay for his sin along with other's.
 
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No mate these helos are for the very highest officials in India not just any babu but the PM,president,service chiefs and the highest cabinet ministers. There is a very real need for these helos.

No No I'm not undermining the need of a world class chopper for select few (people you mentioned), they need all the safety during flight. Infact there was a huge embarasement for the establishment when Andhra's CM YSR was killed in a chopper crash. Nobody would want such a situation to arise again.
But i do maintain my stand that if there are irregularities in purchase (tweaking of specification, kickbacks etc), the deal should not go through, let there be a fresh tender, IAF has waited very long for higher priority items, i'm sute this project too can wait a little longer.

As for the media frenzy, i todays highly biased media, wait till next breaking news arrives, this one will too fade away.
 
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