Rafale Deal Case: SC reserves verdict on petitions demanding probe
A crucial hearing reserved its order on pleas seeking court monitored probe in procurement of 36 Rafale fighter jets from France.The sensitive pricing details of the 36 Rafale fighter jets which have been submitted by the Centre in a sealed cover will be examined by a bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph.
ABP News Bureau
Last Updated:
14 Nov 2018 04:06 PM
CJI Ranjan Gogoi after hearing senior Indian Air Force officials on issue of Rafale Deal says "The Air Marshal and Vice-Marshals can go back. It is a different war game here in court. You can go to the actual war rooms."
Rafale hearing ends. Supreme Court reserves its verdict on pleas seeking a court-monitored probe into the procurement of 36 Rafale fighter jets from France.
Centre tells the Supreme Court that there is no sovereign guarantee from French government on delivery of 36 Rafale jets but there is a letter of comfort from the French Prime Minister.
Supreme Court asks Additional Secretary Defence as to why the offset guidelines were changed in 2015. What about country's interest? What if the offset partner doesn't do any production?
Supreme Court asks about the change in offset guidelines in 2015. Addl Secretary of the Defence Ministry explains the defence offset guideline to the court and says that the offset contract runs concurrently with the main contract. AG KK Venugopal appearing for the Centre says, Dassault has not yet submitted details of offset partner to government.
Addl Secretary, Defence apprises the Court of details of offset contract. Justice K M Joseph asks Addl Secy about offset details.
Addl Secretary, Defence apprises the Court of details of offset contract. Justice K M Joseph asks Addl Secy about offset details.
"What the HAL is making?" CJI Ranjan Gogoi asks Air Vice Marshal Chalapathi. "Sukhoi 30," he replies. Also, the CJI asks Chalapathi about latest inductions to Indian Air Force. He says that Sukhoi-30 was the latest induction and that India needed 4 plus generation fighters that is why the Rafale jet was selected.
Air Vice Marshal Chalapathi is present inside Court number 1 and answering the questions put forth by CJI Ranjan Gogoi.
Supreme Court hearing in the Rafale deal case begins after lunch break. Four IAF officials including Vice Chief of the Air Staff present in the court. Attorney General K K Venugopal introduces them to the bench
Supreme Court hearing in the Rafale deal case begins after lunch break. Four IAF officials including Vice Chief of the Air Staff present in the court. Attorney General K K Venugopal introduces them to the bench
Supreme Court hearing on Rafale deal paused for lunch break, will resume at 2pm.
AG KK Venugopal says pricing details have been given in a sealed cover but there are factors like inter governmental agreement which barred its disclosure. CJI Ranjan Gogoi says any debate on pricing of the Rafale deal comes only if this Court decides those aspects needs to come in public domain.
AG KK Venugopal appearing for the Centre tells SC that secrecy is not on the price of aircraft but on weaponry and avionics. The price of Rafale with break up of weapons and avionics has been shared with the Court, but the SC cannot sit in judicial review on it.
AG K K Venugopal: This issue is related to the national security. It's a matter of experts. Judiciary cannot decide on technology. Petitions have been filed on the basis of the media reports. The court should think if it's able to consider this issue.
CJI Ranjan Gogoi: Discussion on price details will take place only when we permit.
AG K K Venugopal: I'm grateful
CJI Ranjan Gogoi: Discussion on price details will take place only when we permit.
AG K K Venugopal: I'm grateful
Supreme Court: We are dealing with requirements of Air Force and would like to ask an Air Force officer about fighter jet. CJI Ranjan Gogoi asks AG KK Venugopal: "Is there any officer from Indian Air Force present in court to answer the queries on the issue? After all we are dealing with the air force, we would have liked to ask from the officer of Air force on the issue."
Prashant Bhushan alleges that there was a conspiracy with French company Dassault, which granted the offset right to Reliance, and it amounts to gratification and constitutes an offence. He says Reliance has no competence of executing the offset contract. Bhushan says the petition by them has been filed after the CBI did not register the FIR under the Prevention of Corruption Act.
Prashant Bhushan says the price per aircraft was 155 million Euro and now, it was 270 million Euro. This shows that there was hike of 40 per cent in its price. He says the CBI is bound to register an FIR in this case.
Rafale hearing: Supreme Court refuses to take on record some papers which Arun Shourie wanted to place before it.
Rafale hearing: Supreme Court refuses to take on record some papers which Arun Shourie wanted to place before it.
Arun Shourie: Experienced firm like Dassault Aviation, which was established in 1929, cannot choose an inexperienced firm as its partner. That firm was on the brink of bankruptcy. People's money is involved and they're hiding the pricing details.
Prashant Bhushan tells SC that the government is hiding behind the secrecy clause and has not disclosed the price of Rafale jets. CJI Ranjan Gogoi tells him: "We are giving you full hearing. Use it carefully, cite only necessary things".
Prashant Bhushan submits that nobody knows about the alleged change in the deal done by the prime minister and even the defence minister was not aware about the the change.
Prashant Bhushan raises the same point as Sanjau Singh and says three and a half years have passed since the deal was signed on 36 Rafale jets but no aircraft has been received till now. He says the first jet is to be delivered in September 2019 and delivery to continue till 2022. "If the 126 aircraft deal was still on, at least 18 jets would have been delivered by April 2019," he submits.
Attorney General K K Venugopal opposes advocate Prashant Bhushan who wants to submit information on secrecy clause of Rafale agreement.
Prashant Bhushan: "How can the security of the country be compromised by revealing the price details? Price was quoted in the Parliament two times. Did the government violate the privacy agreement then? According to reliable sources, the price of fully equipped aircraft was 155 million euros. Now there it's 217 million euros. Why did this happen?"
Former Union ministers Yashwant Sinha, Arun Shourie and activist lawyer Prashant Bhushan also filed a joint petition. Hearing is currently underway in the top court.
During the hearing, the petitioners who have sought a court-monitored investigation into the deal, will also make submissions.
Senior lawyer Prashant Bhushan, appearing for former Union minister Arun Shourie, who is also one of the petitioners in the Rafale deal case, submitted to the three-judge bench that only in three situations, the intergovernmental route can be resorted and that there was no sovereign guarantee from the side of the France government in the deal.
AP MP Sanjay Singh has also filed a petition. Counsel appearing for Singh told the bench that pricing of the 36 Rafale aircraft deal was revealed in the Parliament twice, hence, the submission of government that pricing details cannot be made public was not acceptable.
Manohar Lal Sharma told the court that the report filed by the government in the court reveals that there has been serious fraud while making the decision post-May 2015. The petitioner urged the top court that the matter be heard by a five-judge bench.
The initial arguments are being commenced by advocate Manohar Lal Sharma, who told the court that the Inter-Government Agreement was "illegal" and sought an investigation in the matter.
On Monday, the Centre placed in a sealed cover before the apex court, the price details of the jets that India is buying from France. The court had last month sought more information from the government on the deal, including details of its pricing.
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