Why Fernandes not summoned in Barak case: SC to CBI

In what could compound troubles for George Fernandes, the Supreme Court on Thursday asked the CBI why it has not questioned former defence minister George Fernandes in the Barak deal case.

NEW DELHI: In what could compound troubles for George Fernandes, the Supreme Court on Thursday asked the CBI why it has not questioned former defence minister George Fernandes in the Barak deal case.

“Why didn’t you (CBI) summon George Fernandes when his name is in the FIR and it has been filed by you,” the Bench comprising Justices P P Naolekar and Markandey Katju asked while taking note that there were allegations against him and other politicians in the FIR.

Interestingly, the CBI refrained from making public its view on the matter. Additional Soilictor General Amarendra Sharan did not respond to the court’s query.

The court’s remarks came when Harish Salve, who is appearing for arms dealer Suresh Nanda, said CBI was keeping the matter pending for political reasons. He said the investigations into the case clearly showed that the government was calibrating probes into politically sensitive cases.

“The persons whose names are there in the FIR were never summoned. This is a political case which CBI keeps pending because if a threat looms and something happens to the government then Fernandes’ help could be sought,” the senior advocate said while seeking the release of Nanda’s passport.

Mr Fernandes has already rejected the allegations and said that it was a conspiracy against him. In 2006, Mr Fernandes had alleged that the case was being filed at the behest of Sonia Gandhi.
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According to Mr Fernandes, the deal was wrapped up much before the NDA came to power. He had said that he had gone by the advise of APJ Abdul Kalam, who was then scientific advisor to the prime minister.


The CBI had alleged that former naval chief Sushil Kumar “colluded with other accused to put up a note” to Mr Fernandes to import the Barak systems despite objections from the Defence Research and Development Organisation. “Mr Fernandes not only approved the proposal but tried to get it approved by the CCS”, the agency had alleged.

The deal for acquiring the Barak systems and 200 missiles for fitting on naval warships was signed on October 23, 2000.
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