NewsX Exclusive: Judge Marco Maiga gives more details on Agusta scam

| Wednesday, May 4, 2016 - 17:13
First Published |
Agusta scam

Judge Maiga gives more details on Agusta scam

Milan: Marco Maiga, the Prosecutor General who represented the Italian government in AugustaWestland case made some shocking revelations in an interview to NewsX. Read on to know more: 
Regarding the exchange of documents, the prosecutor General said that it is possible for the Italian judicial authorities to send documents to the Indian agencies if the rules are followed regarding International rogatories. 
Blaming UPA govt for non-cooperation, Maiga said that UPA did not provide relevant documents necessary for probe to Italian govt. 
Putting emphasis on Former IAF chief SP Tyagi’s role in the scam, he said that as per the verdict of appeals court, Tyagi had helped AgustaWestland in adjudication of the VVIP chopper contract. 
He further added that industrialist Khaitan took care of Tyagi family interests with reference to a bank account in Mauritius opened on the name of a society named ‘interstellar’.  The Prosecutor General also revealed that SP Tyagi had refused to appear in Busto Arsizio court. 

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Augusta Scam

Long Way to Go ? Most of us listened to the debate in Rajya Sabha yesterday , re Augusta Scam One thing emerged , time and again , viz: Tender Specifications got " tailor made " to suit Augusta and to rule out all competition Now , after coming into power in May 2014 , NDA government has taken a few steps to eliminate such " built-in biases " from the tendering process and make it transparent While appreciating that " Negotiation Process " ( after receipt of the offers ), cannot be carried out publicly , I believe , there is still , a long way go to improve the tendering process , as per my following suggestion , sent to Shri Narendra Modiji , on 06 Nov 2014 ( as email and hard copy ) : ------------------------------------------------------------------------------------- SCAMS ARE AVOIDABLE ! ( blog date : 21 April 2014 ) Early this week , Supreme Court held that , CAG ( Comptroller and Auditor General ) has the right - and obligation - to conduct an audit of telecoms WHY ? > Spectrum is a natural resource that belongs to the nation > Private telecom companies have a revenue-sharing agreement with the Central Government , for allowing them to " exploit " this natural - and national - resource WHAT ELSE ? > This logic should also hold good for all private companies , who are allowed to exploit India's NATURAL / NATIONAL resources , to create materials / energy Here is a partial list : * Fossil Fuels ( Oil / Gas / Coal ) * Minerals * Sea-bed Nodules * River Waters * Wind * Tides * Sunlight * Sea Water * Jungles / Trees * Earth's Magnetism * Electromagnetic Waves * Gravitational Force.....etc HOW ? * Tendering process must be public / transparent / equitable * Tender terms must be open for scrutiny/comment by public * All resource-exploitation licenses must follow auction route * Eligibility Criteria must be pre-defined / publicized in advance * Licenses should be valid for pre-defined fixed period * Licenses cannot be renewed / extended * Concerned States must have a share in profit-sharing etc * Profit - sharing formula must be part of tenders * Any failure / delay on part of the Licensee Company to implement the Contract , will require return / surrender of the natural resource concerned , to the Central Government, with appropriate penalties * Natural Resource involved , cannot be hypothecated to banks / financial institutions to raise loans * Shares of the licensee companies cannot be traded in open market or pledged , without prior permission from Central Government * CAG Audit will be mandatory and reports must be published * Tendering / Auctioning / Licensing must not be handled by any Govt Department . A separate statutory authority should be created for this * To encourage early / fast implementations of Exploitation Licenses , there will be no Corporate Income Tax for the Licensee Companies * Each license will be given only to a SPV , created for this purpose * Cost-escalation leading to any Selling Price Escalations would be pre- defined IN HIND-SIGHT * Had we followed the above-mentioned process , perhaps , we could have avoided several scams of recent past and KG-D6 type disputes * We could have also avoided , # Arbitrary price escalations # Inflation # Private profiteering # Costly litigations # Policy and Decision Paralysis -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- / blogs 05 May 2016

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