NEW DELHI, 2 Dec: The Supreme Court on Tuesday asked the Arunachal Pradesh government to file a comprehensive affidavit giving details of the contracts awarded from 2015 to 2025, including those to firms of family members of Chief Minister Pema Khandu, saying the statistics are “telling.”
A bench of Justices Vikram Nath and Sandeep Mehta, which observed that it would consider whether any inquiry is required or not, passed the order while hearing a plea seeking a CBI probe into the award of contracts for public works in Arunachal to the firms owned by the family members of Khandu.
“The coincidence is absolutely remarkable,” the bench observed, adding that it was alleged before it that difference between tenders of the competing firms was miniscule.
The bench said if the difference is miniscule, that shows cartelisation.
“If that is so, that becomes serious,” it observed, adding, “The statistics are telling.”
Advocate Prashant Bhushan, appearing for petitioner NGOs Save Mon Region Federation and Voluntary Arunachal Sena, told the bench that according to the affidavit filed by the state, several contracts and work orders were given to firms owned by the immediate family members of Khandu.
The bench asked the state’s counsel why its affidavit has given details of contracts relating to Tawang district only.
The state’s counsel said that in the petition and the subsequent orders passed by the top court, the controversy was confined to Tawang only.
“We do not find any such confinement or limitation of the petition being confined to district Tawang or the order passed by this court earlier limited it to district Tawang,” the bench said.
The state’s counsel urged the court to grant him reasonable time to file a detailed affidavit covering all the districts.
Bhushan said that, with regard to Tawang also, the up-to-date information was not provided.
“As such, the respondent may file a comprehensive affidavit covering all the districts, including Tawang. We make it clear that the details as required by the previous order would be confined only to the period 2015 to 2025 and not prior to 2015,” the bench said.
It granted eight weeks to the state to file the affidavit and posted the matter for hearing on 3 February.
Bhushan said the apex court had earlier asked the state to file affidavit giving details of the contracts, including those awarded to firms or individuals related to the chief minister or his immediate family members.
Referring to the state’s affidavit, he said several contracts and work orders were given to firms related to immediate family members of Khandu.
Bhushan said that, according to the affidavit, 31 contracts worth Rs 188 crore were awarded, besides Rs 2.61 crore work awarded through work orders.
He said the state has said that below Rs 50 lakh, they can award work without tenders.
“… They (state) say that we want to give the contracts to companies which are trusted by the local people and the companies trusted by the local people are the companies of the chief minister, his wife, etc, because he come from that area and therefore they are trusted,” Bhushan said.
He said that, in an earlier petition, the apex court had asked the comptroller and auditor general of India (CAG) to look into the allegations and the CAG has filed its report.
Bhushan said it was earlier alleged that state had paid for transportation of rice by head load even when road existed there and it could have been transported through trucks which would have been much cheaper.
“Is it something like Bihar chara ghotala (Bihar fodder scam)?” the bench asked.
Bhushan responded, “In a way.”
The bench told the state’s counsel that its affidavit has given details of work orders and contracts which were given and the firms to whom they were given.
“That is not disputed because that has come on the affidavit of the state. We will consider whether or not any inquiry is required,” it said.
“Please understand something that in a state, the work orders and tenders are being given to family members of the chief minister in huge numbers as indicated in the counter affidavit of the state,” the bench told the state’s counsel.
It said the earlier order of the court does not confine it to Tawang only.
“You are trying to project that the writ petition is limited only to Tawang and order of this court is only limited to Tawang,” the bench told the state’s counsel, adding, “We may rather think on a line that you are trying to conceal something”.
The state’s counsel said the allegations relate to Tawang and the state will file a comprehensive affidavit, giving details for all districts.
“The additional information which we want will cover the entire state and will be up to date,” the bench said.
When Bhushan argued if the court is inclined to order an investigation, the bench said, “There is no inclination shown as yet. For the time being, we want to receive the information.”
On 18 March, the apex court had asked the state to file a detailed affidavit giving details of parties to whom contracts were awarded with reference to the contracts mentioned in the petition. Pema Khandu is party to the PIL.
Pema Khandu’s father Dorjee Khandu’s second wife Rinchin Drema and his nephew Tsering Tashi have also been made parties to the case.
Dorjee Khandu served as the chief minister of Arunachal from 2007 until his death in a helicopter crash in April 2011.
The plea claimed that Drema’s firm, Brand Eagles, was awarded a large number of government contracts despite there being a clear conflict of interest. (PTI)
