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Rafale Deal: Yashwant Sinha, Arun Shourie Move SC Seeking Review

Rafale Deal: Yashwant Sinha, Arun Shourie Move SC Seeking Review
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7 years ago
Congress President Rahul Gandhi on Friday, demanded a Joint Parliamentary Committee probe into the Rafale deal as the Supreme Court dismissed pleas seeking court-monitored probe into India's multi-billion dollar Rafale fighter jet deal with France.

5 Unanswered Questions From SC’s Rafale Verdict

As the BJP stepped up attack on Rahul Gandhi over the Rafale issue, three members of the ruling party in the Lok Sabha moved a notice of breach of privilege against the Congress president, alleging that he spoke "falsehood" and "misled the House" over the fighter aircraft deal in his speech during a debate in July.

BJP MPs Anurag Thakur, Nishikant Dubey and Sanjay Jaiswal have sought action against Gandhi over his speech during the debate on the no-confidence motion against the Narendra Modi government in Parliament's Monsoon Session.

The PAC might not summon attorney general and the CAG over the public auditor's report on Rafale deal, as a majority of the members, including those from opposition parties, are not in favour of the proposal by panel chairman Mallikarjun Kharge.

Congress chief Rahul Gandhi had Friday claimed the Supreme Court in its verdict cited a report by the Comptroller and Auditor General (CAG) on the deal that was submitted to the Public Accounts Committee (PAC), but he asserted that no such report was given to the House panel headed by Kharge.

Ruling out referring the Rafale deal to a parliamentary panel, Finance Minister Arun Jaitley Sunday launched a blistering attack on the Congress, calling it "bad losers" and said the CAG's view of the deal is not relevant after the Supreme Court's clean chit.

With the first four days of winter session of Parliament washed out over various protests, Jaitley said the opposition Congress will prefer disruptions over discussion on Rafale during the remainder of the session.

The Congress, which was not a petitioner before the apex court, wants the Rafale deal to be referred to a Joint Parliamentary Committee (JPC) to go into the price arrived at by the BJP government versus the one negotiated by the previous UPA regime, as also how billionaire Anil Ambani's group with virtually no experience in manufacture of fighter jets was selected as an offset partner for the deal.

"After the Supreme Court has spoken the last word, it gets legitimacy. A political body can never come to a finding contrary to what the Court has said," Jaitley wrote in a Facebook blog, titled 'Rafale - Lies, Shortlived lies and now further lies?'.

Rajya Sabha MP Anand Sharma addressed a press conference at the Congress headquarters in New Delhi. The Congress leadership touched upon the issue of the recent SC verdict on the Rafale row. Sharma said that it is unfortunate that the prime minister and his government are trying to avoid investigation.

The prime minister is Neither there is a CAG report on Rafale more it has been submitted to the Public Accounts Committee (PAC). Government has misled Supreme Court. This is contempt of court.
Anand Sharma, former union minister

The BJP has said that it will hold Press Conferences at 70 different locations across the country on Monday, 17 December, to "expose Congress for plotting conspiracy against the Prime Minister Narendra Modi-led Central government and messing with country's defence,” ANI reported.

Speaking to ANI, Subramanian Swamy said that if Attorney General KK Venugopal has claimed that if the affidavit regarding the pricing details of the Rafale Deal wasn’t filed by him, then the Prime Minister should “find it out because it embarrasses him”.

He also said that if the judges hearing the case had based their judgement on the affidavit, then it could “hamper justice”.

The Congress alleged that the BJP-led government at the Centre had misled the Supreme Court over the Rafale deal and committed contempt of court and perjury.

Speaking to the media, Congress spokesperson Abhishek Manu Singhvi said the basis of the court ruling was a report by the Comptroller and Auditor General (CAG) which has not been seen by anyone, nor has it been shared with Parliament's Public Accounts Committee (PAC).

The apex court said it was ill-equipped to conduct judicial review of issues related to pricing, and this has been the Congress' stand. Hence, the party is demanding a probe by a Joint Parliamentary Committee (JPC), he said.

“The BJP has hoodwinked the nation and cheated the people. Now it has the guts to do the same to mislead the apex court. There is serious misrepresentation of vital, significant facts to the apex court. This amounts to contempt (of court), (breach of) privilege as well as perjury,” he claimed.

‘Modi’ now stands for 'Misleading Of Democratic Institutions', he quipped.

The former finance and home minister said the Indian Air Force has been maintaining that its fighter aircraft strength is depleted and it needs at least 7 squadrons (126 aircraft).

Indian Youth Congress workers march towards India Gate demanding the constitution of a Joint Parliamentary Committee (JPC) to probe the Rafale deal.

Speaking to ANI, Air Marshal M Matheswaran, former deputy chief of the Integrated Defence staff of Indian Armed Forces, said, “Indian Air Force is looking at Rafale as an excellent aircraft, SC has also agreed to that. As far as military is concerned, issue is over there.”

Central Govt has filed an affidavit before the Supreme Court and has served a copy of it to all the petitioners in the Rafale deal, reported ANI.

“We have been very clear that Supreme Court was not an appropriate forum on which these issues can be decided, as it cannot summon and examine file notings, witnesses on oath, including questioning the Prime Minister, and we need to question the PM”, he added.

Speaking on the Rafale judgment, Sharad Pawar, NCP President said, “The SC judgement says that the decision is based on the basis of information they got from the Government. The Government told them that CAG has studied it and that Public Accounts Committee (PAC) has also approved it, but those things are not correct.”

“The PAC Chairman Mallikarjun Kharge is saying he has not received the CAG report. Then we have to take his word. He should either file an affidavit or review the petition in court saying that he did not receive the report and that the committee has not examined it”, BJP MP Subramaniam Swamy said on Saturday, 15 December, in response to Kharge’s statement claiming that he had not seen the report.

Hailing the Supreme Court decision, Dassault Aviation has said that the company is dedicated to “promote Make in India.”

The statement further read, “Dassault Aviation will ensure successful production in India through Dassault Reliance Joint Venture in Nagpur as well as through a full-fledged supply chain network.”

Congress leader Mallikarjun Kharge added, “In its judgment, the Supreme Court had said the CAG report on Rafale deal given to Parliament's Public Accounts Committee. But PAC has not received report.”

On why only 36 fighter jets were finalised, Nirmala Sitharaman said that the work is in progress with the rest of the air crafts.

Attorney General KK Venugopal said that the Supreme Court judgment on the Rafale deal was “excellent.”

BJP leader Ram Madhav said some opposition parties have made “false allegations” against PM Narendra Modi and their government.

“Today SC has categorically rejected all those allegations and upheld the transparent manner in which the entire deal has been worked out,” Ram Madhav said.

BJP leader Ram Madhav said that Rahul Gandhi and other Opposition parties leveled “false allegations” against PM Modi.

“Congress, Rahul Gandhi and some opposition parties have been making false allegations against PM Modia and our governmentt over rafele deal. Today SC has categorically rejected all those allegations and upheld the transparent manner in which the entire deal has been worked out,” he said.

“I don’t think this is a setback. A setback happens in the court of the public. Since the public believes that there is something fishy about this deal, we’ll bring this matter up in the house as well,” Scindia said.

“All these years while Congress was in power, why haven’t they entered into a government to government deal for defence procurement ? All through Michels and Quottrochis.”
Amit Shah, BJP Chief

Defence Minister Nirmala Sitharaman met Prime Minister Narendra Modi, following the SC verdict on court-monitored probe into Rafale deal, reported ANI.

"The role of the Government is not envisaged and, thus, mere press interviews or suggestions cannot form the basis for judicial review by this Court, especially when there is categorical denial of the statements made in the Press, by both the sides,” the verdict read.

“We do not find any substantial material on record to show that this is a case of commercial favouritism to any party by the Indian Government, as the option to choose the IOP does not *rest with* the Indian Government," the three-judge verdict read.

“We cannot sit in judgment over the wisdom of deciding to go in for purchase of 36 aircrafts in place of 126. We cannot possibly compel the government to go in for purchase of 126 aircraft. This is despite the fact that even before the withdrawal of RFP, an announcement came to be made in April 2015 about the decision to go in only for 36 aircrafts,” the verdict said. 

“We, however, make it clear that our views as above are primarilyfrom the standpoint of the exercise of the jurisdiction under Article 32 of the Constitution of India which has been invoked in the present group of cases,” the three-judge bench read.

Union Minister Rajnath Singh said that Congress President Rahul Gandhi tried to “mislead public for political benefit.”

“He maligned Indian image globally, he should apologize to the house and to the people of the country. He thought 'Hum to doobe hain sanam tum ko bhi le doobenge',” Singh said in the parliament.

The Supreme Court has not commented on many important aspects. We continue to demand a Joint Parliamentary Committee(JPC) on the Rafale Deal. JPC has the right to summon all documents.
Anand Sharma, Congress leader

Reliance Group Chairman Anil Ambani, who the Congress has alleged was favoured by the NDA government, said that he welcomed the SC verdict.

“I welcome SC judgment today summarily dismissing all PILs filed on Rafale contracts, and conclusively establishing complete falsity of wild, baseless, politically motivated allegations leveled against Reliance Group,” Anil Ambani said, in a statement.

The treasury benches Friday, 14 December, mounted a counter-offensive on the Opposition on the Rafale issue in Lok Sabha after the Supreme Court gave a clean chit to the deal, with the government seeking an apology from Congress chief Rahul Gandhi.

Parliamentary Affairs Minister Narendra Singh Tomar said following the SC verdict, Rahul Gandhi should apologise.

As soon as the Question Hour was taken up, Opposition members trooped into the well carrying placards on various issues, including alleged scam in Rafale deal. But BJP members stood up and started raising slogans against the Congress and Gandhi.

Amid loud sloganeering, around 11:10 am, Speaker Sumitra Mahajan adjourned the House till noon.

TMC MP Saugata Roy said that the Supreme Court said what it “thinks was right” but the political parties demand a JPC probe into the Rafale deal.

Senior advocate Prashant Bhushan called the apex court verdict “totally wrong” and that they will file a review petition.

“In our opinion the Supreme Court judgment is totally wrong. The campaign will certainly not drop and we will decide if we will file a review petition,” Bhushan said.

The Supreme Court said that it “did not find” any material to show commercial favourtism.

“There is no reason for interference in the choice of offset partner and perception of individuals can't be the basis for roving inquiry in sensitive issue of defence procurement,” the Chief Justice said, reading the verdict.

Reading the verdict, CJI Gogoi said that it is not the job of the court to get into pricing.

The Supreme Court finds “no irregularities” in NDA government's decision making process to purchase 36 Rafale fighter jets from Dassault under Indo-French intergovernmental agreement.

Chief Justice Ranjan Gogoi starts reading the verdict on pleas seeking court-monitored probe into India's multi-billion dollar Rafale fighter jet deal with France.nce.

“Power of judicial review varies from subject to subject,” CJI Gogoi said, reading the verdict.

Advocate ML Sharma was the first petitioner in the case. Later, another lawyer Vineet Dhanda had moved the apex court with the plea for court-monitored probe into the deal.

AAP leader Sanjay Singh has also filed a petition against the fighter jet deal.

Here’s Why SC Order on Rafale Deal is a Headache for Modi Govt

No Sovereign Guarantee, Yet Modi Govt ‘Resolved’ Rafale Objections

The Centre contested the claims of corruption, arguing the relevant procedures were in fact followed, and that no allegations of corruption could be substantiated.

The Attorney-General argued that the number of aircraft for the deal had been reduced from 126 to 36 since there was a great urgency for the same, and that the price arrived at was appropriate because it included India-specific enhancements and weaponry.

Before the hearings began, the Supreme Court ordered the government to submit the details of the procedure followed for Rafale deal to it. Copies of the procedure and the offset contract process at play were provided to the petitioners as well, despite the protests of the government.

While hearing a bunch of pleas alleging criminality in Rafale deal and seeking court-monitored probe into it, the apex court had asked wide-ranging questions from the government on issues including lack of sovereign guarantee from the French government, selection of Indian offset partner by the Dassault Aviation and need of entering into Inter-Governmental Agreement (IGA) with France.

The court had taken note of submissions and counter arguments on pricing of the fighter jets with the petitioners alleging that the government has been giving "bogus arguments" and "hiding behind the secrecy clause".

Vehemently defending non-disclosure of price publicly, Attorney General KK Venugopal, appearing for Centre had said that the cost of a bare Rafale jet as per 2016 exchange rate was Rs 670 crore and the disclosure of price of a "fully loaded" aircraft would give an "advantage to the adversaries".

Bhushan had claimed that the Union Law Ministry had red-flagged two issues -- absence of sovereign guarantee by France and international arbitration clause in IGA as per which the arbitration seat would be at Geneva -- but the government went ahead with the deal.

Venugopal had admitted that there was no sovereign guarantee, but said that France has given a 'letter of comfort' which would be good enough as a governmental guarantee.

The court during the hearing on the bunch of pleas had also interacted senior Indian Air Force (IAF) officers and enquired about the requirements of the force.

The IAF officers had emphasised in the apex court the need for induction of 'four plus or fifth' generation fighter aircraft like Rafale, which have niche stealth technology and enhanced electronic warfare capabilities

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