CWG scam: Suresh Kalmadi tarnished country's image, CBI says

New Delhi, May 16 (PTI) "Suresh Kalmadi's conduct has
tarnished the image of the country," was how CBI described him
while opposing the bail plea of the former CWG Organising
Committee chief arrested on charges of cheating, conspiracy
and corruption in the award of games related contracts.
"We are opposing the bail plea (of Kalmadi) as other
co-accused in this case had already been denied bail by this
court. Investigation is going on. Kalmadi's conduct has
tarnished the image of the country," Central Bureau of
Investigation (CBI), India's premier investigation agency,
prosecutor told Special CBI Judge Talwant Singh.
Kalmadi was arrested along with OC Joint Director
General (Sport) A S V Prasad and OC Deputy Director General
(Procurement) Surjit Lal on April 25 for allegedly awarding an
illegal contract to a Swiss firm for Timing-Scoring-Result
(TSR) system for the mega sporting event last year causing a
loss of over Rs 90 crore to the exchequer.
CBI submitted Kalmadi constituted a committee of
"handpicked persons" to push for a selected brand.

"It has come to light during investigation that in
furtherance of the criminal conspiracy to cheat the government
of India and to push for a selected brand, a committee of
handpicked persons was formed by Kalmadi in conspiracy with
other accused persons, with no persons having required
technological qualification and knowledge.
"In a most superfluous and predetermined manner,
without any basis or background, the name of a particular
brand was recommended out of the blue for timing and scoring,"
CBI said in its reply opposing Kalmadi's bail.
CBI said that as part of the conspiracy, the accused
persons also manipulated the minutes of the meeting of the
OC's Financial Committee (OCFC).
"Manipulation was done in the minutes of the meetings
of OCFC which is the committee that deliberated the Request
for Proposal (RFP) for TSR. The factual minutes were changed
and recorded in a convenient manner that did not actually
reflect the true discussion as held during the meetings," CBI
said.
The court reserved its order on the bail plea for May
21.

The agency said even when the tender was on and not a
single bid had been received for the TSR, the accused declared
that TSR would be provided by the Swiss Timing.
"The accused persons had become so brazen and bold
with no care and fear of the rules, regulations and the laws
that they openly declared that TSR will be provided by Swiss
Timing even when the tender was on and not a single bid had
been received," CBI said in its reply.
"An Expression of Interest (EOI) for acquiring TSR
system was prepared and issued in a most wrong and illegal
manner...The EOI criteria published were extremely generic
and shabby and not as per scope of TSR.
"Moreover, below the EOI criteria for selection of
electronic TSR system, it was declared that only 'Swiss
Timing- OMEGA' meets all the criteria without any basis of
such an assertive conclusion. No person having the required
technology background was involved in the process," CBI said.
Meanwhile, pressing for Kalmadi's bail, senior
advocate U U Lalit said he had extended his support at all
stages of investigation to CBI.
"From lodging of the FIR till my arrest, at every
level, I (Kalmadi) have extended my support. I even went to
the extent that I did not file an anticipatory bail.
"At no stage has there been allegation that I have
tried to flee from justice or influence anyone. I am out of OC
and, therefore, have no access to any document to tamper
with," Lalit said.
Senior advocate Siddharth Luthra, appearing for
Kalmadi along with Lalit, pleaded with the court to grant him
benefit under section 437 of the CrPC (bail to a sick or
infirm) while highlighting his medical condition.
"With regard to a person with such a medical
condition, one has to consider the stress and strains while
being in custody. The judicial custody would not have the
advantage of a regulated environment, which would impact his
health," he said.
CBI, however, said Kalmadi, as the head of the OC, had
"supreme and overriding powers".
"Any official of OC, who dared to protest against the
illegal activities of Kalmadi and his associates, was
threatened, harassed and removed from their position or were
forced to leave," CBI said.

The CBI said the accused persons concealed facts
saying, they "deliberately sat on files and concealed records"
to prevent truth from coming to light.
Giving details of the conspiracy, the agency said,
"While processing the Request for Proposal, the accused
persons made the RFP extremely restrictive so as to further
restrict competition and tilt the playing field in favour of
M/s Swiss Timing Ltd, Switzerland."
The agency said that probe in this case is at a
crucial stage and if Kalmadi is left free, he is likely to
tamper with the evidence and influence the witnesses.
Kalmadi had earlier told the court that he cannot be
blamed for alleged irregularities in the award of the contract
for TSR system to Swiss Timing at exorbitant rates as other
agencies were also involved in the decision making.
His counsel Lalit had said the invitation for bids
from experienced companies for TSR and allied services was put
on the website for all and only two companies - Swiss Timing
and MSL Spain - had applied for the contract, for which the
former was found eligible at all stages and by all the
agencies concerned.
The CBI also produced a document dated May 2009 seized
from the OC office carrying notes written by Kalmadi in his
own handwriting and the transcript of his conversation dated
October 12, 2009 to show that he was deeply involved in the
conspiracy in awarding of the contract.
Kalmadi (66) is lodged in Tihar Jail under judicial
custody since May 4.