November 14, 2018:
On Wednesday, Supreme Court reserved its order on petition seeking court monitored probe in procurement of 36 Rafale fighter jets from France.
Bench comprising of Chief Justice Ranjan Gogoi and Justice S K Kaul & Justice K M Joseph concluded the arguments advanced by various parties which have also sought registration of FIR in connection with the alleged irregularities in the deal.
Court sought clarifications from a senior defence ministry official who was present.
Centre’s top law officer KK Venugopal added that the Air Force had been writing to the govt. that “it will be difficult for them to defend our country due to shortage of aircraft” and the country had fallen behind a lot.
He had earlier explained why the govt. had been reluctant to share the price of the fighter jets with the Court and contested claims by the petitioners that the govt. had ever placed the pricing details of fully-loaded planes in public domain.
The attorney general, who had earlier refused to share the pricing details with the court, said the government had decided to place the entire price of the aircraft along with the weaponry “out of respect” for the top court.
He said, “It is not a matter where one could review it judicially, especially if they are based on rumors."
Petitioners in the Rafale deal case had earlier told the Supreme Court that the govt. had committed a ‘serious fraud’ in the purchase of the 36 jets from France.
ML Sharma, one of the petitioners in this case said as the Supreme Court began its hearing on the Center's report on pricing details,“The documents given to me say negotiations started in May 2015 whereas the PM had declared in April that the deal is done."
Sharma added that the Attorney General must give a detailed reply to his petition as he had not been given the complete papers.
Another petitioner Vineet Dhanda wanted to know how the Prime Minister could make a statement even before the approval of Cabinet Committee on Security (CCS).
Advocate Prashant Bhushan said there could not be any secrecy over pricing of the fighter jets when the govt. had disclosed the price in parliament on previous occasions.
He said, “It’s a bogus argument for govt. to say they can’t disclose pricing. In new deal, Rafale jets cost 40% more than earlier deal."
To make his point, Bhushan wanted to talk about pricing and referred to the agreement, which Attorney General KK Venugopal said is a secret agreement and can’t be read out in open court.
The documents, a report on the decision-making process adopted by the government, were provided this week to the petitioners on the Supreme Court’s orders.
At the last hearing, the top court had also ordered the Centre to provide the pricing details of the 36 jets.
This information is understood to have been placed before the court in sealed cover but it isn’t clear whether the price revealed is that of the basic cost of the aircraft without weapons and India-specific enhancements, or the cost of the fully loaded, made-for-India one.
At Wednesday’s hearing, the petitioners mostly focused on the contents of the government’s report and sought to punch holes in claims that the inter-governmental deal was above board.
Sanjay Singh, AAP’s Rajya Sabha MP, also a petitioner, countering government’s claim of secrecy said, “the government of India has disclosed the price not once but twice on the floor of Parliament.”
He also asked as how could the govt. announce a new deal without cancelling the old deal.
Govt. had resisted attempts by the court asking for price details of the jets. Attorney general of India KK Venugopal even went to the extent of telling the court that the pricing details are protected under the Official Secrets Act, 1923.
Govt. has so far only shared price details of the basic model of ₹670 crore with the Rajya Sabha.
Singh has told SC that documents given by the govt. are silent on whether appropriate steps were taken before the deal was finalized.
The National Democratic Alliance (NDA) government’s decision to enter a $8.7-billion government-to-government deal with France to buy 36 Rafale warplanes made by Dassault was announced in April 2015, with an agreement signed a little over a year later.
This replaced the previous United Progressive Alliance (UPA) regime decision to buy 126 Rafale aircraft, 108 of which were to be made in India by the state-owned Hindustan Aeronautics Ltd (HAL).
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