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Rafale deal controversy: French government’s statement, what is says, what it doesn’t

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Rafale deal controversy: French government’s statement, what is says, what it doesn’t

[vc_row][vc_column][vc_column_text]Congress president Rahul Gandhi’s statement in Lok Sabha, during the debate on no-confidence motion against Narendra Modi government, that there was no secrecy pact between India and France over deal for purchase of Rafale aircraft, was countered by French government within hours.

The statement issued by the French government affirmed that a secrecy pact exists between the two countries. The statement, however, only said the agreement “legally binds the two states to protect the classified information provided by the partner, that could impact security and operational capabilities of the defence equipment”.

However, Defence Minister Nirmala Sitharaman stretched the meaning of “classified information… that could impact security and operational capabilities of the defence equipment” to include the aircraft price.

Also lost in the noise was the aspect of shunting out public sector’s Hindustan Aeronautcis Limited, which has been making fighter aircraft for decades, and giving the contract to a private player with no background or experience in the field.

Read More:  Hug gone wrong? BJP to bring privilege motion against Rahul Gandhi for his allegations on Rafale deal

In its statement issued from Paris, the French foreign ministry said: “We have noted the statement of Mr Rahul Gandhi before the Indian Parliament. France and India concluded in 2008 a security agreement, which legally binds the two states to protect the classified information provided by the partner, that could impact security and operational capabilities of the defence equipment of India or France. These provisions naturally apply to the IGA concluded on 23 September 2016, on the acquisition of 36 Rafale aircraft and their weapons. As the President of the French Republic indicated publicly in an interview to India Today on March 9, 2018, ‘In India and in France, when a deal is very sensitive, we can’t reveal all details’.”

Defence Minister Nirmala Sitharaman also contradicted Rahul and cited Article 10 of the Inter-Governmental Agreement (IGA) between the two countries on the purchase of Rafale aircraft, which calls for the protection of classified information and materials exchanged under the pact.

She said this agreement was signed in 2008 by UPA government’s defence minister AK Anthony – which wasn’t quite accurate. That deal was junked and replaced by another in 2016, as mentioned in French government’s statement.

Read More: No confidence motion: After a scathing attack, Rahul Gandhi hugs PM Modi

As in the French government’s statement yesterday – Friday, July 20 – even in the interview that French president Macron gave to India Today, he did not say Indian government could not disclose the aircraft cost. He said, “…they will have to consider which details they would want to be revealed to the opposition and Parliament.”[/vc_column_text][vc_column_text css=”.vc_custom_1532169050900{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]Here is the relevant portion of the interview:

Raj Chengappa: Why can’t the details of the deal be revealed and the air cleared up rather than have accusations flying around?

President Macron: First of all, you have these commercial agreements, and obviously you have competitors and we can’t let them know details of the deal. In India and in France, when the deal is very sensitive, we can’t reveal details because of business reasons. Part of the absence of answers to some technical issues is these commercial agreements and the interests of different companies. Secondly, there are some discussions to be organised by the Indian government, and they will have to consider which details they would want to be revealed to the opposition and Parliament. I am not the one to interfere in such a discussion, and you too must realise that we have to consider commercial sensitivities.[/vc_column_text][vc_column_text]When Macron visited India in March this year, the two sides signed a new confidentiality agreement, replacing the 2008 pact, that shields the government from sharing classified information on defence deals, including the Rafale fighter aircraft deal, said a report in The Indian Express (IE). The pact, signed by NSA Ajit Doval and the French President’s diplomatic advisor Philippe Etienne, relates to the exchange and reciprocal protection of classified or protected information.[/vc_column_text][vc_column_text css=”.vc_custom_1532169104071{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]Who said what in Parliament

Congress president Rahul Gandhi, while speaking in the Lok Sabha, said: “The defence minister is sitting here. She had initially said she will disclose to the nation the price of the aircraft. Later, the defence minister clearly said she cannot divulge the details because there is a secrecy pact with France. I met the French President. I asked him is there any such pact between India and France. And the French President told me that there is no such pact between the Indian government and French government. That is the truth… Nirmala Sitharaman has spoken untruth, under pressure from Narendra Modi… Nirmala Sitharaman and the Prime Minister must inform the country.”

Defence Minister Nirmala Sitharaman, who was allowed to speak after Rahul’s hour-long speech, said: “On the secrecy clause, I would like to show it before you, and I have submitted it for your consideration. It is an agreement which was signed during the previous government on January 25, 2008. The agreement of secrecy is an umbrella agreement, which was signed by then defence minister, A K Antony.”

Waving the agreement, she said, “This agreement clearly mentions… (that) ‘as per Article 10 of the Inter-Governmental Agreement between Government of India and Government of France on the purchase of Rafale aircraft, the protection of the classified information and materials exchanged under the IGA shall be governed by the provisions of the security agreement signed on 25 January 2008’.”

Prime Minister Narendra Modi also referred to the issue in his speech. “Just because of one careless allegation in the House on Rafale, both the nations had to release statements. One should not indulge in such childish behaviour,” he said.

Rahul, however, said he stood by his statement in Parliament. “Let them deny if they want. He (Macron) said that before me. I was there, Anand Sharma and former prime minister Manmohan Singh were also there,” he said.[/vc_column_text][vc_column_text]The controversy first broke out on February 5 this year, when Sitharaman told Rajya Sabha that the cost of Rafale aircraft could not be shared since it was “classified information” under the security agreement between the two countries. In a statement issued two days later, the defence ministry said that “in not revealing the item-wise details of the contract, the government is merely following in letter and spirit the confidentiality provisions of a bilateral India-France agreement of 2008, signed by the previous government.”

Read More: No confidence vote: Outcome known, BJP & Opposition hope to score propaganda points

Article 18(3) of the “Agreement between The Government of the Republic of India and The Government of the French Republic concerning the Protection of Classified Information and Material in the field of Defence”, signed in New Delhi on January 25, 2008, states that it will “remain in force for a period of 10 years”, and can “be renewed by tacit consent for a new five-year period”.

According to Article 11(3) of the agreement, “For any contract or sub-contracting contract that includes classified information and material, a security annex shall be drawn up. In this annex, the competent security authority from the party forwarding the information or the material, shall specify what has to be protected by the receiving party, as well as the corresponding classification level, applicable to it.”

However, as per law, pointed out the IE report, the government is bound to provide full information to the Public Accounts Committee (PAC), the Parliamentary Standing Committee on Defence, and the Comptroller and Auditor General (CAG).

Also, at a press conference conducted in the defence ministry in 2017, Sitharaman, flanked by the defence secretary and the deputy chief of air staff, had stated that her ministry “had nothing to hide” and would share the full price details of the deal, reported IE.

In November 2016, Dr Subhash Bhamre, MoS (Defence), in a written response to a question in the Lok Sabha, had said that the “cost of each Rafale aircraft is around Rs 670 crore”. After signing the deal with France in September 2016, top defence ministry officials had also given the breakdown of the Euro 7.9 billion deal for 36 Rafale fighters, as reported by The Indian Express. The basic cost of 36 aircraft was Euro 3,402 million (approximately Rs 670 crore per aircraft), the weaponry cost Euro 710 million, spare parts Euro 1,800 million, weather and terrain compatibility fits Euro 1,700 million, and performance-based logistics support Euro 353 million.[/vc_column_text][/vc_column][/vc_row]

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Delhi deploys 25,000 personnel, installs CCTV cameras ahead of CJP march

More than 25,000 police and paramilitary personnel have been deployed in Delhi ahead of the CJP’s planned protest march at Connaught Place. Authorities have also imposed restrictions and stepped up CCTV surveillance.

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Delhi has stepped up security ahead of a planned protest march by the Cockroach Janta Party (CJP), with more than 25,000 police and paramilitary personnel deployed and additional surveillance measures introduced in parts of the national capital.

The planned “Lehra Do Tiranga” march is scheduled to take place at Central Park in Connaught Place on Friday, October 16. Authorities have also imposed prohibitory orders in Connaught Place and surrounding areas as part of the security arrangements.

Security tightened across Connaught Place

The security arrangements include the deployment of police and paramilitary personnel, along with the installation of additional CCTV cameras at Central Park and Rajiv Chowk Metro Station.

Prohibitory orders have been imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in Connaught Place and nearby areas. Central Park is also scheduled to remain closed for two days, with authorities advising the public to avoid the area during the arrangements.

A high-level meeting chaired by Delhi Police Commissioner Anurag Kumar, attended by senior police officers, was held on Thursday to review preparations ahead of the planned demonstration.

Why CJP is planning the march

The CJP has called the march to protest the arrest of its leaders Saurav Das and Ashutosh Ranka and to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in voter rolls.

The party’s protest is centred on its allegations concerning the electoral roll revision process. These are the protesters’ claims and should not be treated as independently established findings.

With Jantar Mantar no longer designated as a protest site, Central Park in Connaught Place has emerged as the proposed location for the fresh demonstration. The protest has also received support from the Aam Aadmi Party and the All India Students’ Association, according to the report.

Traders raise concerns over business disruptions

The heightened security measures have also prompted concerns among traders in the area.

Traders at Palika Bazaar have expressed concern about disruptions during the festive season, pointing to losses associated with previous protests. The concerns reflect the potential impact of repeated demonstrations and security restrictions on commercial activity in central Delhi.

Delhi Police has said it will facilitate peaceful demonstrators selectively while maintaining public order and protecting property.

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Mallikarjun Kharge’s ‘Your Friends’ jab at Rahul Gandhi over congress exits

Congress president Mallikarjun Kharge took a dig at Rahul Gandhi after the Leader of the Opposition reportedly described former party leaders Jyotiraditya Scindia and Ghulam Nabi Azad as among those who had left the Congress.

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Congress president Mallikarjun Kharge made a pointed remark about former Congress leaders after Rahul Gandhi reportedly described some of those who left the party as people who had been driven by personal interests or fear. The exchange took place during an informal interaction involving young Congress workers, according to a report published on October 15.

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, reportedly referred to former Congress leaders Jyotiraditya Scindia and Ghulam Nabi Azad while discussing people who had left the party. Kharge responded with a quip that drew attention to Rahul Gandhi’s earlier association with the leaders.

What Rahul Gandhi said about leaders who left Congress

During the interaction, Rahul Gandhi reportedly said that the Congress was now left with committed workers, describing those who remained in the party as ‘babbar sher’ or lions. He alleged that people who were greedy or afraid had left, citing Scindia and Azad as examples.

His reported remarks referred to people who, he suggested, had left because of the attraction of positions and security or fear of investigative agencies such as the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

These were Rahul Gandhi’s political characterisations of the leaders who left the Congress, rather than independently established explanations for their departures.

Kharge’s response to Rahul Gandhi

Reacting to Rahul Gandhi’s account, Kharge remarked, “They were all your friends.”

The comment referred to the association Rahul Gandhi had previously shared with some of the leaders who later left the Congress. Rahul Gandhi responded by saying that his sister, Priyanka Gandhi Vadra, was present and knew that Scindia was not his friend.

He subsequently reflected on the difficulty of identifying friends and opponents in politics, saying that people who appear to be friends may not necessarily be so, and the reverse may also be true.

Why Jyotiraditya Scindia and Ghulam Nabi Azad were mentioned

Jyotiraditya Scindia left the Congress in 2020 and joined the Bharatiya Janata Party (BJP). His departure was followed by a political crisis in Madhya Pradesh that resulted in the fall of the Congress government led by Kamal Nath.

Ghulam Nabi Azad, a veteran Congress leader, resigned from the party in August 2022. In his resignation letter, he criticised Rahul Gandhi’s leadership and the functioning of the party’s internal decision-making process.

Both leaders subsequently became prominent examples in political discussions about senior figures leaving the Congress, although their reasons and circumstances differed.

Rahul Gandhi’s message to young Congress workers

The interaction also focused on protests and political mobilisation. Rahul Gandhi reportedly told young Congress workers that demonstrations and struggles were part of their political training and encouraged them to explore new and creative ways of protesting.

He also suggested holding protests at Jantar Mantar, according to the report.

Congress president Kharge and Priyanka Gandhi Vadra were present during the interaction. Rahul Gandhi also claimed that the government led by Prime Minister Narendra Modi was dependent on the next eight to 10 months, though the report did not establish this as an independently verified assessment.

The exchange between Kharge and Rahul Gandhi offered a glimpse into the Congress leadership’s informal discussions, while bringing the departures of Scindia and Azad back into the political conversation.

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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