By Dhiraj Beniwal
New Delhi [India], September 8 (ANI): The Special Court at New Delhi has directed the Central Bureau of Investigation (CBI) to conduct further investigation to ascertain the role and conduct of former Additional Secretary SK Das and former Chief Vigilance Officer RG Nadadur in connection with the Antrix Devas Deal. Both were with the Department of Space at the relevant time.
The CBI had in the year 2016 filed a charge sheet in the Antrix-Devas scam pertaining to alleged illegalities in leasing of S-Band, a restricted wavelength of the INSAT satellites to deliver video, multimedia and information services to mobile receivers in vehicles and mobile phones to Devas Multimedia by Antrix, the commercial arm of the Indian Space Research Organisation.
Special CBI Judge Atul Krishna Agrawal has recently directed further investigation. The court has passed the order on an application moved in 2020 by the accused Veena S Rao, who termed the CBI investigation as “unfair and unjust.” This case is at the stage of arguements on the charge.
“To sum up, this court is of the considered opinion that further investigation is required with respect to the role and conduct of S.K. Das and R.G. Nadadur as well as qua the recovery of the documents as aforesaid,” the special judge said on September 2.
However, the court clarified that it is not opining that S. K. Das and R. G. Nadadur are criminally involved in the present matter and is merely observing that their role in the entire sequence of events leading to the registration of the present case requires further investigation.
The court granted liberty to the Investigation Officer (IO) to investigate the role of any other person against whom he finds some incriminating material.
The court has further directed the IO to complete the investigation expeditiously and preferably, within a period of two months.
The court has clarified that because this court is directing further investigation on the points as above, the same shall not be a ground to defer hearing of arguments on the charge against the remaining accused persons.
Veena S Rao, an accused in this case, had moved an application through advocate Chirag Madan seeking further investigation.
The counsel for the accused Veena S Rao submitted that on the basis of scrutiny of the charge sheet and documents provided to her, she has valid reasons to suspect that the investigation done by CBI is unfair and unjust, as is evident from the record.
It is also submitted that the scrutiny of the charge sheet and the documents relied upon revealed that several facts which have a direct bearing on the case have not been investigated by the CBI.
An incomplete and insufficient investigation done by CBI has resulted in letting off those who were actually involved in committing offences and arraying Veena S Rao, who has not committed any offence, the plea stated.
It is stated by her that investigation was required into the acts of commission and omission on the part of S.K. Das, the then Member (Finance) and Member, Space Commission (December 2004 to October 2005), who had also served as Joint Secretary and Additional Secretary (for the period 1997 till December 2004).
It was contended that S. K. Das being the then Member, Finance and Member, Space Commission and also as Former Additional Secretary, was completely aware of the evolution of the Antrix Devas Agreement from its inception, in August 2003 and that satellite GSAT 6 and its transponders were meant for Devas.
It was also contended that S. K. Das had attended the August 2003 meeting, wherein MoU between M/s Forge Advisors and Antrix was signed. He also attended the Antrix board meeting of June 11, 2004, wherein the entire JV proposal between M/s Forge Advisors and Antrix and construction of satellite for Devas project, were discussed and an “in principle” approval was given for taking the JV proposal forward and entering into a preliminary agreement with M/s Forge Advisors.
Counsel Chirag Madan further contended that S. K. Das had also received communications of 20th and 27th Sept 2004, regarding the term sheets sent by DEVAS LLC, USA for finalization of agreement between Devas and ISRO/ Antrix, setting up of Devas Multimedia India Pvt. Ltd.(DMPL), specifications of the satellite to be delivered by ISRO/Antrix, payments, etc.
It was submitted that S K Das had also attended the 58th meeting of Antrix board held on 17.03.2005, wherein the then Chairman Antrix informed the Antrix board, while welcoming the directors, that Antrix Corporation Ltd. had signed a contract worth US $ 144 million with M/s Devas Multimedia Pvt. Ltd. for leasing S Band transponders over a period of 12 years.
Despite having this knowledge, he concealed this fact when he was Member, Space Commission, approved the construction of S band satellite GSAT 6, in the 104th Space Commission Meeting, held on 26.05.2005, the counsel argued.
It was further contended that S. K. Das also concealed the fact of Antrix Devas agreement and that the transponders of S-band satellite GSAT 6 had already been leased out to Devas, while approving the cabinet note for the construction of S Band satellite GSAT 6 and then recommending it to the Finance Minister for approval.
It was also contended that further investigation becomes imperative since IO has recorded the statement of S. K. Das under section 161 Cr.PC wherein he had admitted that he was aware of the Antrix Devas agreement and leasing of transponder capacity to Devas but did not consider it necessary to inform the Space Commission, taking a plea that the essence of the matter had been stated in adequate measure for Space Commission to take a decision. Therefore, the active role of S. K. Das in facilitating the Antrix Devas agreement and its subsequent deceitful concealment requires investigation.
Veena S Rao also contended that further investigation is required regarding the role of R.G. Nadadur, the then Joint Secretary, Department of Space, for concealment of fact relating to Antrix Devas agreement and concealment of his knowledge that the transponders of S band satellite G-SAT 6, had already been leased out to Devas, while processing the draft cabinet note relating to the construction of satellite G-SAT 6.
It is stated that R.G. Nadadur was also Member of the Shankara Committee, which had been constituted by G. Madhavan Nair, in May 2004 to examine technical and financial feasibility, risk management, organizational aspect and time schedule of the proposal submitted by M/s Forge Advisors LLC, USA.
The first Shankara Committee meeting was held on 21.05.2004, however no proceedings of this meeting are available in the documents produced by CBI, Rao said.
It is also stated that the second Shankara Committee meeting was held on 17.08.2004 which was attended by R.G. Nadadur and others. The proceedings of the said second Shankara Committee meeting, stated that an “in principle” approval for the joint venture proposal between M/s Forge and M/s Antrix, was given and that ISRO would provide the satellite.
The third Shankara Committee meeting held on 01.12.2004, was also attended by R.G. Nadadur and the salient points of agreement for Devas were also sent to the members. Then on 29.11.2004, Antrix sent a communication to R.G. Nadadur informing him of the salient points of the agreement negotiated with Devas Multimedia Pvt. Ltd.
It is further contended that from the aforesaid, it can be firmly concluded that R.G. Nadadur was completely aware of the evolution and terms of the Antrix Devas agreement & had knowledge that an S band satellite would be built by ISRO and that its transponders would be leased out to Devas.
However, he concealed this information when he processed the draft cabinet note for construction of G-SAT 6, in 2005 and did not record in his noting that the transponders of proposed S band satellite G-SAT 6 had already been leased out to Devas.
It was further stated that R.G. Nadadur was also Chief Vigilance Officer of Department of Space during the year 2005. As CVO, he was duty-bound to report the fact that ED, Antrix had concealed the fact in the draft cabinet note, which he saw on 21.07.2005, that the transponders of S-band satellite G-SAT 6 had already been leased out to Devas.
It was contended by the counsel that Instead of incorporating this fact into the draft cabinet note or requesting Antrix to incorporate the same, R.G. Nadadur continued to suppress the same while processing the draft cabinet note and connived with the false version of accused Antrix that “ISRO is already in receipt of several firm expression of interest by service providers for utilization of this satellite capacity on commercial terms ….” By failing to report the same to the CVC, R.G. Nadadur had completely violated his responsibility as CVO through his intentional suppression of true facts of which he was incontrovertibly aware, which brought about huge financial gains to Devas. (ANI)
Disclaimer: This story is auto-generated from a syndicated feed of ANI; only the image & headline may have been reworked by News Services Division of World News Network Inc Ltd and Palghar News and Pune News and World News
HINDI, MARATHI, GUJARATI, TAMIL, TELUGU, BENGALI, KANNADA, ORIYA, PUNJABI, URDU, MALAYALAM
For more details and packages
