Supreme Court rejects review petition of Rafale deal verdict, gives clean chit to Central Government
The Supreme Court (SC) has given a clean chit to Narendra Modi’s Central Government, today, i.e., Thursday, November 14, 2019, after it dismissed the review petitions of the SC’s verdict on Rafale Deal.
A bench comprising of Chief Justice of India (CJI) – Ranjan Gogoi, Justice S.K. Kaul and Justice K.M. Joseph, rejected the review plea as it lacked merit. The review plea was filed in contention of the Apex Court’s December 14, 2018 verdict which stated that there was no occasion to doubt the decision-making process in the procurement of 36 Rafale fighter jets from the French firm Dassault Aviation.
Reading out the judgement, Justice Kaul said the judges had reached the conclusion that it is not appropriate to order a roving inquiry into the allegations.
The bench observed, “We find the review petitions are without any merit.”
The SC also rejected the contention that there was need to register an FIR in connection with the Rs. 58,000 crore deal. The bench said, “We do not consider it to be a fair submission. We do not find it appropriate to consider passing order for registration of FIR.”
In December 2018, SC dismissed the petitions seeking an investigation into alleged irregularities in the deal. On May 10, 2019, the SC reserved its order on the review pleas. The review plea was filed by Former Finance Minister of India – Yashwant Sinha, Economist and Politician – Arun Shourie, Activist Lawyer – Prashant Bhushan, Lawyer – Vineet Dhandha and National Spokesperson of Aam Aadmi Party (AAP) – Sanjay Singh.
The review petition alleged that Bhartiya Janata Party (BJP) had opposed the 2001 deal of buying 126 jets at a lower price from Rafale so that they can make a fresh deal in 2015 to buy 36 jets at a higher price. It had alleged a conspiracy at the highest level to defraud the Exchequer and favour the Anil Ambani Group, chosen as offset partner by Dassault Aviation.
However, the Central Government challenged these claims saying that cost escalation is due to add-ons in terms of avionics and armaments. The SC also said that it has thoroughly examined the price details and reasons of cost escalation as compared to previous 2001 offer.
The SC also rejected a plea that the Inter-Government Agreement (IGA) had been invoked out of turn. The SC observed that it was informed that joint exercises had taken place, and that there was a financial advantage to the nation. The SC observed that defence procurement contracts should be subject to a different degree of scrutiny.
The Bench further said, “We cannot possibly compel the government to go in for purchase of 126 aircraft. Our country cannot afford to be unprepared/underprepared in a situation where our adversaries… have acquired not only fourth generation, but even fifth generation aircrafts, of which we have none. It will not be correct to sit as an appellate authority to scrutinise each aspect of the process of acquisition.”
Welcoming the SC’s order, the Defence Minister of India – Rajnath Singh tweeted, “I wholeheartedly welcome the Supreme Court’s categorical dismissal of the review petitions in the Rafale case and with this pronouncement the NDA Government stands vindicated. The SC verdict is also a judgement on our Government’s transparency in decision making.”
I wholeheartedly welcome the Supreme Court’s categorical dismissal of the review petitions in the Rafale case and with this pronouncement the NDA Government stands vindicated. The SC verdict is also a judgement on our Government’s transparency in decision making.
— Rajnath Singh (@rajnathsingh) November 14, 2019
He also tweeted, “The purchase of Rafale jets was done in a completely transparent manner, keeping in mind the urgency to update and upgrade India’s defence preparedness. The issues pertaining to defence preparedness and national security should never be politicised.”
The purchase of Rafale jets was done in a completely transparent manner, keeping in mind the urgency to update and upgrade India’s defence preparedness.
— Rajnath Singh (@rajnathsingh) November 14, 2019
The issues pertaining to defence preparedness and national security should never be politicised.
Separately, the SC also closed the contempt case filed against Former President of Indian National Congress (INC) – Rahul Gandhi, who had attributed his remarks of ‘Chowkidar Chor Hai’ to SC. Although, Rahul Gandhi later claimed that the remarks were made in the wake of 16th Lok Sabha polls, the SC has now formally closed the case, issuing a formal warning to him to be more cautious in future.
