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Rafale deal: Supreme Court asks Govt to give details of process of decision making

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Rafale Deal

Modi government was today (Wednesday, Oct 10) spared being served a notice on Rafale deal, but its plea to reject the PIL was dismissed and it will have to furnish details of the decision-making process in the Rafale fighter jet deal with France in a sealed cover to the Supreme Court by October 29.

The top court would hear the matter again on October 31.

The Supreme Court clarified that it does not want information on pricing and technical particulars.

The Supreme Court bench, comprising Chief Justice Ranjan Gogoi and Justices Sanjay Kishan Kaul and Kuttiyil Mathew Joseph, also made it clear that it was not taking into account the allegations on corruption in the deal made in the petitions.

The Centre opposed the PILs in court and sought that they be dismissed on the ground that they were filed to gain political mileage.

The top court was hearing various petitions seeking directions, including asking the Centre to reveal details of the deal and the comparative prices during the UPA and NDA rule in a sealed cover to the apex court.

Attorney General KK Venugopal told the apex court that the issue in question pertains to national security and such issues cannot be reviewed judicially. He said that it is a politically motivated litigation and should not be entertained.

“This is political petition and not a public interest litigation and is part of bitter fight going on between ruling and opposition party. If notice is issued, it will go to PM etc. Please don’t entertain such petitions,” Venugopal told the Court.

The apex court did not issue notice to the Centre and also did not consider allegations of corruption or question of pricing and technical details, but it sought information from the Centre on the decision-making process in the deal in a sealed cover by October 29 and fixed the next hearing on the PILs for October 31.

The Court said that it would like to be informed of the steps involved in the decision making process for its own satisfaction, and hence will not issue official notice.

The Court passed the order after hearing petitioners ML Sharma and Vineet Dhanda who sought investigation into Rafale deal, besides quashing the agreement in case it is found to involve corruption.

Another petitioner, Tehseen Poonawalla, chose to withdraw his petition.

His plea had sought a direction against the Centre on why the Union Cabinet’s approval was not sought as part of the Defence Procurement Procedure (DPP) before signing the procurement deal with France on September 23, 2016.

Earlier, the top court had adjourned to October 10 the hearing on the plea filed by lawyer ML Sharma seeking a stay on the Rafale fighter jet deal between India and France.

Sharma has claimed in his plea that the inter-government agreement to buy 36 Rafale fighter jets must be quashed as it was an “outcome of corruption” and not ratified by Parliament under Article 253 (Parliament has power to make any law for implementing any inter-government agreement) of the Constitution.

AAP Rajya Sabha lawmaker Sanjay Singh had also moved the apex court through his lawyer, Dheeraj Kumar Singh, by filing a separate petition on the defence deal, The Indian Express reported. The MP has reportedly sought setting up of a Special Investigation Team (SIT) under the supervision of the apex court to probe the reasons for cancellation of earlier deal entered into by the UPA government for the purchase of 126 fighter jets.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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