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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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6 years ago

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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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2024 Lok Sabha Elections

Amit Shah says there will be jungle raj in the country if INDIA Bloc is voted to power

The Union Home Minister asserted that, if INDIA Bloc alliance comes to power, there will be a complete jungle raj in the country as well as in Bihar.

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10 hours ago

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May 6, 2024

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Union Home Minister Amit Shah said on Monday that there will be jungle raj in the country if INDIA bloc partners – Congress and RJD – are voted to power. He was addressing an election rally in favour of senior BJP leader and Union Minister of State for Home Affairs Nityanand Rai, in Bihar’s Samastipur district where he said that the latest recovery of Rs 30 crore and more from the house of a minister in Jharkhand proves INDIA bloc alliance leaders are corrupt.

The Union Home Minister asserted that, if INDIA Bloc alliance comes to power, there will be a complete jungle raj in the country as well as in Bihar. Earlier the Enforcement Directorate on Monday recovered a huge amount of unaccounted cash during searches at the premises of a domestic help who was allegedly linked to the secretary of Jharkhand minister Alamgir Alam.

Shah asked the people at the rally that who will be the prime minister of the INDIA bloc? He asked if Sharad Pawar  would become the prime minister? Or Will Mamata Banerjee will become the PM of the country or MK Stalin or Uddhav Thackeray? He jokingly took at dig at Congress leader Rahul Gandhi and said that he would like to take another name. He asked the people not to laugh and said can Rahul baba become the PM?

Shah accused the leaders of the RJD and the Congress of not attending the Ayodhya Ram temple Pran Pratishtha because of vote bank politics.  He further added that RJD’s Lalu Prasad and Congress always opposed the construction of Ram temple in Ayodhya. Shah pointed out that Congress has always opposed reservation for the backward classes. Sarairanjan block comes under the Ujiarpur Lok Sabha constituency where Rai is seeking a reelection. Rai, who is the NDA nominee, is up against RJD’s Alok Mehta.

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2024 Lok Sabha Elections

Union Minister Anurag Thakur lashes out at Congress, accuses party of receiving support from Pakistan

Anurag Thakur was speaking to the media during an event in Himachal Pradesh’s Una district

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11 hours ago

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May 6, 2024

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Union Minister Anurag Thakur on Monday alleged the influence of foreign powers in the Congress manifesto and accused the grand old party of receiving support from Pakistan. He said the BJP never believes in politics in times of disaster and emergencies, but the Congress has stooped so low that it is doing politics in such matters as well.

Anurag Thakur was speaking to the media during an event in Himachal Pradesh’s Una district on Monday. He also applauded Prime Minister Narendra Modi’s government for its proactive role during disastrous floods and rains in Himachal Pradesh. The Union Minister said that the Modi government has distributed crores of rupees in Himachal Pradesh during the disaster.

Thakur took a dig at Congress leader Rahul Gandhi and said that the Wayanad MP forgot to follow his own slogan of daro mat. He said that Gandhi is running from one seat to another while fearing defeat in the ongoing Loksabha elections. Thakur further added that Rahul Gandhi first ran from Amethi to Wayanad and now he is contesting from Rae Bareli and the Congress will be wiped out from Rae Bareli as well.

Anurag Thakur targeted the Congress and said the grand old party is living in fool’s paradise of winning the elections on false promises. The Union Minister claimed that the Congress’s dreams will be shattered on June 4 after the election result announcement.

Anurag Thakur is contesting Lok Sabha elections 2024 from Hamirpur seat. He said he was confident that BJP will win the election this time as well. He claimed of having support of the people of the constituency. He also said that his victory margin this time would be more than the previous margin of about 4 lakh votes. Thakur who is a 4 time MP also expressed optimism that the BJP-led NDA will win more than 400 seats in the ongoing Lok Sabha elections.

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2024 Lok Sabha Elections

Rahul Gandhi challenges PM Modi to lift 50% cap on reservation

Rahul Gandhi today addressed a rally at Ratlam in Madhya Pradesh, where he said this election is being fought to save the Constitution.

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11 hours ago

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May 6, 2024

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Congress leader Rahul Gandhi announced today that the party would raise quota benefits for members of Dalit, backward, and tribal communities and lift the 50% restriction on caste-based quotas imposed by the Supreme Court.

Speaking at a election campaign in Ratlam, Madhya Pradesh, Gandhi said, the Constitution is being defended in this election. “BJP and RSS wish to bring this to a close and alter it. And this is being saved by the Congress and the INDIA bloc. You have rights on jal (water), jangal (forest), and zameen (land) under this Constitution. With a copy of the Constitution in his hand, he declared, “Narendra Modi wants to get rid of them and have total power.

He claimed that if the BJP won, its leaders would change the Constitution. They used the slogan 400 seats for this reason. However, they won’t be getting 150 seats; forget about 400, he added. They promise to eliminate reservations. He would like to inform that going forward, they will surpass the 50% reservation cap. Congress will reserve as much space as is necessary for the underprivileged, the backward, Dalits, and Adivasis, he said.

Gandhi’s comments come with a heated campaign for the Lok Sabha elections and contentious discussions about reservations between the NDA and the INDIA alliance.

Prime Minister Narendra Modi’s BJP has claimed that the Congress intends to modify the backward class reservation in order to benefit Muslims. The claims have been refuted by the Congress. At a rally in Gujarat, Banaskantha, the PM said, he challenges the shehzada of the Congress as well as his party and its supporters to announce they will never misuse reservation in the name of religion, nor will they play with the Constitution or grant reservation in the name of religion.

Gandhi claimed during the Ratlam rally that stories about crimes against Adivasis are not covered by the media. The media does not report on the rape of your children or the seizure of your land. These media companies do not employ Adivasis, he said.

Meanwhile, Ratlam will vote in the fourth phase of the Lok Sabha election on May 13. Former MP and former Union Minister Kantilal Bhuria has been named by the Congress for Ratlam seat. The BJP’s choice from the seat they won in the 2019 election is Anita Nagar Singh Chauhan.

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