It’s, however, learnt that the first reaction from DRDO to the Ministry of External Affairs is that it has done nothing illegal and has sought to distance itself from any violation by the company, in this case Cirrus and its head Parathasarathy Sudarshan. The FBI has alleged that the transfers were made without getting the mandatory licenses and against Arms Export Control Act.

While DRDO is working on its detailed report to the MEA, top officials said that it’s going to argue that the Mukherjee’s visit to test and inspect the equipment was “pre-cleared” by US authorities concerned. As for the ADE official, who is said to have visited US to observe the second round of these tests, the defence is that he obtained a valid US visa. And that if Washington had any doubts, it should have addressed it at the time of providing these clearances for travel.

As evidence to support its allegations against Mukherjee, the FBI has presented to the court e-mails sent from Cirrus Electronics head Parathasarathy Sudarshan — main accused who is now under arrest — to Mukherjee arranging his visit. On January 28, 2004, Sudarshan wrote to Mukherjee, with a copy to ADE’s Janarthanan.

“We are happy to interact with you to carry out testing of 5962-90946-03-MYA devices...As far as timing of the testing, the Trillium tester to be used is being serviced this week and has a current backlog for the next two weeks. I can try to get this testing done on 2/9/04 (February 9) if needed, but the following week would be safer.”

... contd.