Petitioners to move Supreme Court for review of Rafale judgment

Supreme Court

Former union ministers Arun Shourie and Yashwant Sinha, along with advocate Prashant Bhushan will move to the Supreme Court for review of Rafale judgement.

Bhushan is seeking review of December 14 judgement on Rafale.

Bhushan along with two other petitioners in Rafale fighter jet deal- Shourie and Sinha are asking for recalling of Rafale judgement. They are also asking to grant an oral hearing in the open court for their review plea.

The petition stated that the recent judgement contains several errors and also the judgement relies upon patently incorrect claims made by the Government in an unsigned note given in a sealed cover to the court, which is a violation of principle of natural justice.

This petition also mentioned that several new facts have come to the light after the judgement was reserved in the matter, which needs to go to the root of the matter.

Petitioners in Rafale fighter jet deal - Yashwant Sinha, Arun Shourie and Prashant Bhushan had expressed their disappointment over the December 14 judgement of the top court on Rafale fighter jet deal.

Reacting to the Rafale verdict by the apex court, the trio, who has sought a court-monitored CBI probe into the 36-aircraft Rafale deal, issued a press statement and said, "The judgment of the Supreme Court dismissing our petition seeking an independent court-monitored investigation into the Rafale deal is as shocking as it is disappointing. We had gone to court after making a detailed complaint to the CBI."

The three petitioners said, "No Comptroller and Auditor General (CAG) report on Rafale has been submitted or examined."

"Disappointed that the court has taken a conservative view of judicial review in cases of Defence deal corruption involving high functionaries. Shocked that the judgment is based on completely false information about the CAG report. No CAG report on Rafale has been submitted or examined. Shocked that court accepts Mukesh Ambani's RIL as 'parent company' of Anil Ambani's Reliance Defence. The scandal will continue to agitate the public mind - new disclosures are expected soon," the statement read.

In their detailed statement, they also alleged that Prime Minister Narendra Modi had signed an agreement for 36 Rafale jets on April 10, 2015, without any such requirement of 36 jets being given by the Airforce Headquarters and without the approval of the Defence Acquisition Council (DAC), which are the mandated first steps for any Defence procurement.

"The Air Force had in fact been asking for at least 126 fighter jets which had been approved by the DAC, tenders had been issued, 6 companies had applied, two were shortlisted and finally Dassault was selected as the lowest tender. The tender was on the basis that 126 fighters would be procured out of which only 18 would be bought in a ready to fly condition and the remaining would be manufactured in India by HAL with the transfer of technology by HAL," it said.

"All facts were documented in the complaint to the CBI and we sought a court-monitored investigation (when the CBI did not register an FIR on our complaint which is mandatory as per law)," the petitioners had claimed.

Expressing further dismay over the apex court's verdict on the Defence deal, the petitioners said, "The court's judgement today does not even address the documented facts stated in our petition or even deal with our main prayer seeking an investigation."

It added, "On the contrary, it proceeds on the basis that we were challenging the contract itself and uses the facts stated by the government either in the short open affidavit filed or perhaps facts claimed in the sealed cover handed only to the court which was never shared with us. In fact, some of the facts mentioned in the court judgement are not only not on record but are patently incorrect."

The Rafale jet deal controversy has been on the boil over the last few months. The Congress and other opposition parties have been alleging irregularities in the high-profile deal. The fighter jet is a twin-engine Medium Multi-Role Combat Aircraft, which security analysts believe can be a 'game-changer' for India's defence system.

On December 14, the Supreme Court had dismissed all petitions seeking court-monitored probe into the Rafale fighter jet deal with France, saying that there was no occasion to doubt the decision-making process in the deal. The top court said it was not its job to go into the issue of pricing.

The bench, headed by Chief Justice of India (CJI) Ranjan Gogoi, said that there is no need to conduct an investigation into details of Rafale pricing.

"We are satisfied that there is no occasion to doubt the process. Joint exercises have taken place and there is no element of financial benefits. Detailed scrutiny of Rafale Deal deal is not required," said CJI Gogoi.

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