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Rafale deal: Explain choice of offset partner, give us details of pricing in 10 days, SC tells govt

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Rafale Deal

The Narendra Modi government, which has so far focused on rhetoric rather than answer questions being raised about the controversial Indo-France Rafale deal, was told by the Supreme Court today (Wednesday, October 31) to submit within 10 days the details of pricing and the selection of Anil Ambani’s defence firm as Indian offset partner in a sealed cover.

It said these details should also be provided to the petitioners in the case. Otherwise, the Centre should file an affidavit – within these 10 days – to say that the pricing in the Rafale fighter jet deal between India and France is exclusive and cannot be shared with the court.

“Court would also like to be appraised about the pricing” of the aircraft, “particularly the advantages thereof”, a bench of Chief Justice of India Ranjan Gogoi and Justices UU Lalit and KM Joseph ordered.

“We would like the details of pricing and cost to be submitted to the Supreme Court in a sealed cover. This may be submitted in the next 10 days,” said the court.

The government argued that pricing was not revealed in Parliament and the earlier government had also not disclosed such details. Chief Justice Gogoi said the government could file an affidavit or legal document in court.

“If pricing is something exclusive and you are not sharing it with us, please file an affidavit and say so,” the bench told Attorney General KK Venugopal in its oral observations.

“Such details that may be considered strategic may not be furnished to the petitioners,” said the court.

Beginning the hearing, the judges made the observation that the suitability of the jet and its utility has not been questioned. “What had been questioned is the bonafide of the decision-making and price,” they said.

In the last hearing earlier this month, the court had asked the government to furnish details of the decision-making process that led to the deal which has Anil Ambani’s Reliance Defence as its offset partner, but had emphasized that it would not get into “pricing or suitability” of the jets. The bench had made clear that its direction to the Centre was issued to satisfy itself about the legitimacy of the decision-making process for procuring 36 Rafale fighter jets.

The directions were passed on October 10 on the two PILs filed by lawyers ML Sharma and Vineet Dhanda. The top court, however, had observed that the averments made in the two PILs were “grossly inadequate” and had said that it was not issuing the notice on them.

The Centre had, last week, filed the papers concerning the decision-making process with the Supreme Court’s registry in a sealed cover.

On Wednesday, as the SC bench, headed by Chief Justice Ranjan Gogoi and also comprising Justices UU Lalit and KM Joseph, began its proceedings in the two PILs filed over the Rafale Deal controversy – by petitioners ML Sharma, who has named Prime Minister Narendra Modi as the respondent in the case, and Vineet Dhanda – it noted that since the last date of hearing in the matter, two more litigations on the subject had been received by the court – one by former BJP leaders Arun Shourie, Yashwant Sinha and advocate Prashant Bhushan and the other by Aam Aadmi Party MP Sanjay Singh.

Sinha and Shourie – both former Union ministers – and Bhushan have sought registration of an FIR into the fighter jet deal between India and France alleging “criminal misconduct” by high public functionaries. The trio has also sought a direction to CBI to investigate the offences mentioned in their complaint in a “time-bound” manner and submit periodic status reports to the apex court.

AAP MP Sanjay Singh, in his separate plea filed through lawyer Dheeraj Kumar Singh, has sought setting up of a Special Investigation Team (SIT) under the supervision of the apex court to probe the Rafale deal.

He has sought that the SIT should probe the reasons for cancellation of earlier deal entered into by the UPA government for the purchase of 126 fighter jets.

On October 10, the bench had sought from the Attorney General the details of the steps involved in the decision leading to the new deal. The CJI led bench had then clarified that the details so sought would not cover the pricing or the suitability of the equipment for the Indian Air Force, bearing in mind the sensitive nature of the matter.

The Court also directed the government to hand over the details of the decision-making process of the deal to the petitioners.

The Attorney General objected to sharing of details of the deal including its pricing, by stating that it would be covered under the Official Secrets Act. Considering the objection, the Court said that whatever documents that could be legitimately produced in public domain should be given to the petitioners and all other documents covered under the Official Secrets Act should be given to the Court in a sealed cover.

So far, the court had not sought this detail from the Centre.

When Bhushan pressed for CBI probe, the CJI replied: “For CBI probe, you have to wait.”

The top court, which has now fixed the matter for hearing on November 14, said documents considered strategic and confidential may not be shared.

The PIL alleges that in the Rafale deal there is prima facie evidence of the commission of cognizable offences under the Prevention of Corruption Act by public servants occupying the highest of public offices in the country. Though the petitioners had filed a complaint on October 4 before the CBI alleging foul play in Rafale deal, no action has been taken.

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BJP says it stands for credibility of promises under PM Modi, Congress for crisis

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

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The BJP said on Saturday that it stood for the credibility of promises made under Prime Minister Narendra Modi’s leadership, while labeling the Congress party as one suffering from a crisis of credibility, intensifying their ongoing rhetorical conflict over unfulfilled electoral pledges.

BJP spokesperson Sudhanshu Trivedi said that the ruling party has expanded its welfare initiatives, including health insurance, free food grains, and cash transfers to farmers, emphasising a strategy focused on wealth creation followed by equitable distribution as the Indian economy has grown over the last decade.

“We believe in the creation of wealth and its distribution. The Congress fosters corruption and depletes wealth,” he stated, referencing numerous unfulfilled promises made by Congress-led governments across various states.

Following Mallikarjun Kharge’s remark labeling “Modi ki guarantee” as a cruel joke after Modi seized Kharge’s guidance on budgetary constraints in state poll announcements, the BJP launched new accusations.

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

Trivedi highlighted several accomplishments of the Modi government, including the construction of the Ram temple, the abrogation of Article 370, the building of over 14 crore homes for the impoverished, the establishment of more than 51 crore Jan Dhan accounts, and a firm stance against terrorism from Pakistan, to demonstrate the government’s fulfillment of its commitments.

He noted that Kharge, having witnessed notable leaders like PV Narasimha Rao and Pranab Mukherjee manage economic challenges effectively, is now observing the Congress party struggling under the influence of urban Naxals due to Leader of Opposition in the Lok Sabha Rahul Gandhi.

Addressing Kharge’s criticisms on various issues, Trivedi pointed to data from the Employees’ Provident Fund Organisation (EPFO) indicating a rise in account holders from 11 crore to 25 crore over the past decade.

He also referenced significant infrastructure projects, such as the construction of homes for the poor, 74 new airports, and an impressive pace of 37 kilometers of road built per day, claiming that these initiatives have created substantial employment opportunities.

“India is now ranked third in auto manufacturing and second in mobile phone manufacturing; if anyone is unable to recognize the country’s progress, there is a profound deficiency in their perspective,” asserted the BJP spokesperson.

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Maharashtra elections: Congress says Mahayuti understands its exit is certain

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

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The Congress on Wednesday asserted the ruling Mahayuti government in Maharashtra has understood that its exit is certain as the Maha Vikas Aghadi alliance is strong and that all its candidates are in a strong position for the upcoming Assembly elections in the state.

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

The Congress leader stated that the party is fully prepared and that its ally parties in Maharashtra are strong. He mentioned that the seat-sharing negotiations occurred in a positive atmosphere and that the ruling party has recognized that their exit is inevitable.

“All the candidates of the Maha Vikas Aghadi (MVA) are in a strong position. The people here have decided to support Congress and its allies in the upcoming Assembly elections,” he said.

He also noted that the alliance’s performance in the recent Lok Sabha elections was impressive. “Wherever Congress contested, our candidates won 80 percent of the seats. We expect this trend to continue,” he added.

Pilot acknowledged that there have been some differences among party members regarding specific seats but assured that those issues would be resolved in the next 2-3 days, ensuring there would be only one candidate from the MVA for each seat.

Earlier in the day, Ramesh Chennithala, Congress in charge of Maharashtra, slammed the BJP, claiming that the party is undermining its alliances in the state.

“The BJP is dismantling its alliances. They are forcefully converting alliance partner candidates into their own party candidates. The people will respond to this,” he stated while speaking to reporters.

Earlier on October 26, Chennithala alleged that crores of rupees have been reportedly offered to two of its MLAs to join Maharashtra Deputy Chief Minister Ajit Pawar-led NCP faction, ahead of state Assembly elections.

Chennithala made those allegations while speaking to reporters in the national capital. He also questioned the Maharashtra Chief Minister Eknath Shinde.

Voting for all 288 constituencies for the Maharashtra Assembly elections are set for November 20 and counting on November 23. In the 2019 Assembly elections, the BJP won 105 seats, the Shiv Sena 56, and the Congress 44. In 2014, the BJP secured 122 seats, the Shiv Sena 63, and the Congress 42.

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Rahul Gandhi not upset, Opposition spreading fake news: NCP (SP) leader Anil Deshmukh

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

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Asserting that Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi was not upset with the Maharashtra unit, NCP (SP) leader Anil Deshmukh on Saturday accused the Mahayuti of spreading fake news over the issue of seat-sharing in the state.

Deshmukh mentioned that meetings between leaders of Congress in Maharashtra, including Balasaheb Thorat, Nana Patole, and Vijay Wadettiwar, and representatives of NCP (SP) and Shiv Sena (UBT), went well.

“Rahul Gandhi is not upset. Leaders like Balasaheb Thorat, Nana Patole and Vijay Wadettiwar all had meetings with leaders of NCP-SCP and Shiv Sena (UBT). We had taken the decision regarding seat sharing based on merit,” the NCP(SP) leader said.

He further clarified that the decision on seat sharing was made based on merit, countering the false information being spread by Opposition parties. Deshmukh also dispelled the notion that Rahul Gandhi was upset with the state leaders.

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

Furthermore, in preparation for the upcoming Assembly polls in Maharashtra, Congress released its second list of 23 candidates on Saturday.

The Maha Vikas Aghadi (MVA) has concluded talks on sharing seats in 255 constituencies, with each party planning to contest 85 Assembly constituencies, as informed by Maharashtra Congress President Nana Patole.

On the same day, the BJP released a list of 40 star campaigners, including prominent party leaders such as Prime Minister Narendra Modi, party chief Jagat Prakash Nadda and Union Home Minister Amit Shah.

The other leaders from the saffron party — Union Minister Nitin Gadkari, Defence Minister Rajnath Singh, Uttar Pradesh Chief Minister Yogi Adityanath, Assam Chief Minister Hemant Biswa Sarma, Madhya Pradesh Chief Minister Shivraj Singh Chouhan, Union Minister Bhupendra Yadav, Smriti Irani, Piyush Goyal, Jyotiraditya Scindia, Pramod Sawant were in the list.

The list also includes names of prominent leaders from the State — Maharashtra deputy CM Devendra Fadnavis, Vinod Tawde, Narayan Rane, Pankaja Munde, Chandrakant (Dada) Patil, Girish Mahajan, Radhakrishna Vikhe Patil, Ashish Shelar, Udayan Raje Bhonsle, Raosaheb Danve Patil, Ashok Chavan, Sudhir Mugantiwar, Navneet Rana, among others.

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