Wednesday, April 6 2005 12:06 Hrs (IST) - World Time -

New Delhi: Government yesterday (Apr 5, 2005) told the Supreme Court that there was no violation of any financial rules or procurement procedures in the purchase of arms and ammunition during the 1999 Kargil conflict but later clarified that there was no clean chit given to former Defence Minister George Fernandes.

In a counter-affidavit filed before the Apex Court in a Public Interest Litigation (PIL) petition alleging irregularities in the purchases during the conflict, the Government said that the modified procedures issued on June 21, 1999, for expeditious procurement in no way violated any of the financial rules of the Government or the Defence Procurement Procedures, 1992.

As the media went to town that Government had given a clean chit to Fernandes, the Defence Ministry issued a press release late last night saying such an "inference" was "unjustified and totally unwarranted".

"There was no question of giving a clean chit to any person, much less George Fernandes. The affidavit does not even refer to or mention any person, much less George Fernandes," it said.

The release said the counter-affidavit was in two parts, one relating to procedures clarifying that the modified procedures were not in violation of the rules or Procurement Procedures of 1992.

"This however did not conclude the issues," the release said, adding the second and more important issue specifically dealt with whether the rules were in fact followed in relation to the nature and actual delivery of items.

It said the affidavit made the significant point that the Comptroller and Auditor General's (CAG) valid points had been duly noted and action was being taken on them.

It also said the affidavit pointed out that even after the expiry of the term of the Tehelka Commission, a reference had been made to CBI which was examining the transactions mentioned in the Tehelka tapes.

Apart from this, the Central Vigilance Committee (CVC) recommendations on involvement of agents and middlemen and other allegations were still being looked into. Individual contracts, which had been given, were being examined closely.

The affidavit concluded by saying that there were cases pertaining to T-90S tanks, armoured recovery vehicles and up-gunning of 130 MM calibre guns to 155 MM calibre, which have been referred to CBI. "Thus, five cases are being presently referred to the CBI and are being actively investigated", the release said.