Agustawestland case: 11 years on, choppers probe remains stuck

Eleven years after the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) launched a probe in ₹3,727 crore VVIP chopper deal and got hold of the most important middleman — Christian Michel James — who lobbied for AgustaWestland for defence contracts in India, both the agencies are yet to name any politician in the case.

Several Italian court documents including the fax dispatches Michel sent to AgustaWestland functionaries, which were investigated during this period, suggested that the British middleman was intervening at a “very high level” in the Indian government, by practically engaging the “entire cabinet” to secure the VVIP chopper deal in favour of AgustaWestland.

It is alleged that Michel, who had an experience of 20-25 years of arms lobbying in India, was independently in touch with politicians, bureaucrats and defence personnel for this deal and handled Euro 42 million worth bribes.

The only senior government official linked with the contract named as accused in the case was former defence secretary Shashi Kant Sharma.

The contract — alleged violations and kickbacks in the deal became one of the biggest controversies during the United Progressive Alliance (UPA) regime — for supplying 12 VVIP choppers was given to Anglo-Italian firm AgustaWestland in February 2010. The deal was eventually scrapped in 2014.

CBI and ED officials HT spoke to say their charge sheets in the case have been filed and only certain aspects are pending investigation, which are stuck mainly due to several countries/regions including the UK, the USA and Europe not sharing specific details asked about money trail, companies, etc.

For instance, in the case of UK, London reportedly shared some evidence on Michel in 2016 with CBI but simultaneously asked the agency not to use it as evidence or during trial due to which the same could not be submitted in the court.

A key reason for agencies not being able to identify the politicians involved in the irregularities is failure to establish the money trail as it is suspected that a major chunk of bribes in the deal was paid in cash, said a CBI officer, who asked not to be named.

For the trial, this officer said, “the delay is mainly because the accused persons regularly file applications on frivolous grounds, seeking documents or adjournments”.

While admitting one last chance to the defence counsels last month to inspect documents in the case, CBI itself said in a court that 11 years have lapsed since the probe began.

CBI said in its first charge sheet filed on September 1, 2017 that, in 2004, officials at Prime Minister’s Office (PMO), Special Protection Group (SPG), air force and ministry of defence agreed to change the mandatory service ceiling of the helicopters from 6,000 metres to 4,500.

This, it alleged, ultimately benefitted Anglo-Italian firm AgustaWestland. The irregularities in the award of the contract to AgustaWestland led to an estimated loss of Euro 398.21 million (around ₹2,666 crore) to the government in the Euro 556.262 million ( ₹3,726.9 crore) contract according to CBI.

The contract — alleged violations and kickbacks in the deal became one of the biggest controversies during the United Progressive Alliance (UPA) regime — for supplying 12 VVIP choppers was given to Anglo-Italian firm AgustaWestland in February 2010. The deal was eventually scrapped in 2014.