[Augusta Westland VVIP Chopper Scam] Delhi Court allows retired IAF Officers to examine prosecution papers

A Delhi Court has recently allowed Former Indian Air Force Chief SP Tyagi and other retired IAF officers, accused in the Augusta Westland VVIP Chopper Scam, to examine the documents submitted by the prosecution in the case.

Special Judge Arvind Kumar of Delhi’s Rouse Avenue Court, stated, “Considering the facts and circumstances of the case, counsel for the accused is allowed to inspect the unrelied statement of witnesses. CBI is directed to make necessary arrangements for inspection in Malkhana or at any place suitable to them and date and time may be fixed as per their convenience.”

The court was hearing an application moved by three accused namely, Air Commodore Navayath Santosh (Retd.), Air Commodore Sanjay Anand Kunte (Retd.), and Wg Cdr Thomas Mathew (Retd.), seeking permission to inspect copies of certain unrelied statements of witnesses.

Counsel for the accused submitted that they were named as accused persons in the second supplementary charge sheet and were given electronic copies of the charge sheet, first and second supplementary charge sheets, list of unrelied documents, and list of unrelied Statements of witnesses, all of which were stored on compact discs and an external hard disc.

It was further submitted that the CBI had filed lists of unrelied documents and statements on May 6 and that the inspection of the same was necessary to demonstrate their relevance, and therefore they sought copies of the relevant documents. Furthermore, the counsel sought permission to inspect the statements of unrelied witnesses.

Opposing the request of the accused, the Public Prosecutor for CBI contended that the same shall not be allowed and that there are a large number of accused in the present matter. It was further added that if accused persons are allowed to inspect the unrelied statement of witnesses, a great inconvenience will be caused to CBI.

Taking note of the submission, the Special Judge stated “Ld. Counsel for the accused wants to inspect unrelied statements of witnesses to find out if the same is relevant to their defence or are of sterling quality to demolish the case of the prosecution and if the Statements of Witnesses are relevant to their defence or are of sterling quality, he may seek copies/production of these statements.”

Accordingly, the court allowed the accused persons to examine the prosecution paper and directed the CBI to depute some official who shall facilitate the inspection of the files.

Recently, Justice Sudhir Kumar Jain of the Delhi High Court issued notice to the Central Bureau of Investigation (CBI) on a plea by three retired Indian Air Force (IAF) officers, challenging the trial court’s summoning in connection with the Augusta Westland VVIP Chopper Scam case. 

The three IAF officers in the plea alleged a lack of sanction for prosecution under Section 197(2) of the CrPC which mandates that no court will take cognizance of an offence unless the Central government has previously sanctioned it. The plea also stated that the CBI did not disclose any monetary gain or money trail in the charge sheet, which is an absolute requirement for the offences under the Prevention of Corruption Act, 1988.

Case Title: CBI v. S.P. Tyagi & Ors.