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1. Official Confidential Notes of file, note from File No. AIR correspondence AOM to CAS, Note from HQ/64008/15/ and note in file CAS to Raksha Mantri on MT/Lgs, File in (documents) procurement of Crash Fire custody of Tender. DMT.

2. Contract for Secret Copy No. 3 of contract Probably shipping between State Committee originated by (documents) of USSR and President of ADG (Mov), India. Sena Bhawan.

"There is no written complaint from Squadron Leader D.K Sharma. The FIR has been lodged on hearsay. The FIR mentions name of Wing Commander M.N Saxena whom I never saw or met in my service cadre. Neither M.N Saxena nor D.K Sharma was authorized by the Air Force Authority to file the FIR. In 1987, I was posed to Air Force Hospital, Jorhat and took pre­mature retirment in 1997. In my full service career, I never faced any enquiry rather I was appreciated for the good works. I never collected or obtained any classified documents. I have not collected any documents which are classified documents, rather on 25/07/2001 at about 5 pm, Squadron Leader D.K Sharma came to my house in my absence and gave an envelope to one Trispal for me. Trispal kept this envelope on the table in my outhouse/office of my residence. Sh B.R Dhiman did not peruse the original documents nor confirmed about the originator of the document and granted sanction without any application of mind, in a mechanical manner on the dictates of CBI. I do not know about the trap against AVM J.S Kumar. The classification of documents can only be changed by the originator as per IAP 3902. No other person can change the classification. The document without CC No. 59/14 In Re: RC No. DAI­2001­A­0052/ACB/CBI/New Delhi 5/41 Nirbhay Kumar, the then Dy. SP CBI vs Wing Cdr. (Rtd) Yashvir Singh Tomar signature is never considered as a document. The classification of documents was changed deliberately, just to fix me and harass me by the Indian Air Force Authorities and CBI. I have been victimized and my reputation has been tarnished beyond repair. Even PWs M.N Saxena and T.K Verma have also deposed that only originator can change the classification. Note of Chief of Air Staff to Raksha Mantri is a fabricated document because 02/10/2001 was a holiday and there was no question of CAS going to his office and writing this letter. More so, the procedure for marking the letter was not followed as per the IAP 3902 which was mandatory. The search started without me and my wife in the house. My father was sick and we had gone to see him at IIT, Delhi where he was residing with my younger brother. On being informed, I returned to my house when the search was going on and my full house was open to the search team. I was made to sit in the lawn and after the search was over, I was asked to sign the seizure memo. I did not know what document they were taking. It was evident from the letter itself, it was a manipulated/fabricated letter to ensure my implication in this case. No such letter of CAS to Raksha Mantri ever existed. It is not properly marked as per procedure laid down in IAP 3902 and the date 02/10/2001 mentioned in the letter was a National Holiday. No incriminating documents have been recovered during the search. I never called Squadron Leader or Sergent K.C Saini. On 20/05/2001, Squadron Leader D.K Sharma along with Sergent K.C Saini came to my house without appointment and offered his services of informing me, if I need CC No. 59/14 In Re: RC No. DAI­2001­A­0052/ACB/CBI/New Delhi 6/41 Nirbhay Kumar, the then Dy. SP CBI vs Wing Cdr. (Rtd) Yashvir Singh Tomar anything, to which I said no. Now, I can understand that he came with the intention of planting some document at my residence. I was never interested in knowing any information about the weapon procurement, technical evaluation etc. Since I have been in Indian Air Force, I can say that marking of documents is done as per IAP 3902. The letter dated 23/10/2001 is the correct document which has been correctly marked as per IAP 3902. I do not know about the letters sent to Ministry of Defence. Admittedly, no sanction has been granted by Ministry of Defence or Air Force Authorities to prosecute me. Sanction was granted by PW1 without the application of mind, rather in a mechanical manner on the dictates of CBI. The IO has not investigated the matter properly and has acted on the advice of Wing Commander M.N Saxena, Group Captain T.K Verma and that too they have defaulted in classification of documents and were not authorized to comment on the letter of Indian Army. There was a motive behind it. Three Air Force Officers i.e., Squadron Leader D.K Sharma, Wing Commander M.N Saxena and Group Captain T.K Verma with the help of Nirbhay Kumar, IO planned a move to implicate some retired officers who were doing well in their life. The purpose was to get medals and promotions and posting. It is worth mentioning here that Squadron Leader D.K Sharma got promotion and United Nations posting after this case where he got money in Dollars. Wing Commander M.N Saxena became Group Captain on promotion and Group Captain T.K Verma was promoted as Air Commodor and also got posting of their choice. During the custody of CBI, I was CC No. 59/14 In Re: RC No. DAI­2001­A­0052/ACB/CBI/New Delhi 7/41 Nirbhay Kumar, the then Dy. SP CBI vs Wing Cdr. (Rtd) Yashvir Singh Tomar pressurized to become approver which I refused. Again in Tihar Jail on 29/08/2001, Wing Commander M.N Saxena and Squadron Leader Jain came to meet me posing as CBI officers and asked me to become approver and depose against AVM J.S Kumar and assured me that they would arrange bail for me. On my refusal, they threatened me that I may not be able to come out of the jail and would face number of cases. I stay near the residence of AVM J.S Kumar and from the same branch of Indian Air Force, hence I was also made scape goat. I have nothing to do with the case/allegations against AVM J.S Kumar. I belong to a patriotic family and cannot think of doing the alleged offence. My maternal grandfather was a Judge in Allahabad High Court. My father was a leading lawyer and later became Cabinet Minister in UP from 1977 to 1980. I was selected to Rashtriya Indian Military College, Dehradun where there was only two seats for U.P. Later on, I joined National Defence Academy and thereafter Air Force Academy and became Commissioned Air Force Officer at the age of 21 years. I served the country being the Air Force Officer for more than 22 years. There is no iota of allegation against me in my entire service career, rather I have been appreciated for my work. I am innocent and have nothing to do with the alleged offence. I never possessed or tried to possess any classified documents as alleged in the complaint. I have been falsely implicated in this case wholly on the basis of the concocted story made by three Air Force officers."

CC No. 59/14 In Re: RC No. DAI­2001­A­0052/ACB/CBI/New Delhi 26/41 Nirbhay Kumar, the then Dy. SP CBI vs Wing Cdr. (Rtd) Yashvir Singh Tomar Original of Mark E was never seen by CW1. The then Chief of Air Staff, Air Chief Marshal Sh A.Y Tipnis is the purported signatory to aforesaid document, copy Mark E but neither he has been cited nor examined as prosecution/complainant witness for proving fact of bringing into existence of original of Mark E or classification 'CONFIDENTIAL' of said document nor the original of Mark E has been procured, produced and proved in evidence. Whether or not such a document came into existence is also a question which remains unanswered and eye brows are raised when such document is alleged to have been brought into existence on National holiday on Mahatma Gandhi Jayanti, when in routine, such offices are closed and no material has been produced to prove extreme urgency of bringing into existence of such document on such National holiday. Beside that excepting word 'Confidential' at the top and bottom of the two pages of the note overleaf Mark E, accompanying documents do not mention even word 'Confidential'. Whether or not document Mark E was replica of its original or containing the written text similar to its original, also has not been proved. The text of Mark E does not decipher the deployment and locations of the Crash Fire Tenders but depicts note put up before Hon'ble Raksha Mantri seeking direction for time bound action for finalization of pending cases for procurement of Crash Fire Tenders (CFTs) with simple mention of total number of available CFTs against total number of authorized CFTs at various airfields. Of course, Crash Fire Tenders constitute a vital safety service in air operations since CC No. 59/14 In Re: RC No. DAI­2001­A­0052/ACB/CBI/New Delhi 27/41 Nirbhay Kumar, the then Dy. SP CBI vs Wing Cdr. (Rtd) Yashvir Singh Tomar aviation rules do not permit an aircraft to take off from or land at an airfield unless the required number of CFTs are available to combact emergencies. It is a known phenomenon to all and sundry not hidden or secret to anyone. Nothing has been proved on record by any cogent evidence borne out of deposition of prosecution witnesses examined on record, as to how the disclosure of text of Mark E would be in any way be prejudicial to national security or sovereignty or integrity of India and security of India or beneficial to any enemy country.