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Rafale deal: Supreme Court dismisses petitions seeking probe

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Friday, Dec 14) threw out all petitions seeking a probe into alleged irregularities in the Rafale aircraft deal between the Indian government and France’s Dassault Aviation.

The deal relates to the purchase of 36 fighter aircraft for an estimated Rs 580 billion.

“There is no occasion to doubt the decision-making process in Rafale deal,” the Court said. Further, the court said the country needs fighter aircraft and that dealing with the pricing details of Rafale fighter jets was not its job.

The court said there won’t be any probe into the pricing or the decision-making process.

Noting that there was a need for induction of fourth- and fifth-generation fighter aircraft like Rafale in the Indian Air Force fleet, the court questioned why nobody protested the procurement of the jets when the deal was finalised in September 2016.

Practically giving a clean chit to the Narendra Modi government in the Rafale deal, the court said: “We find no reasons to interfere in procurement process for 36 Rafale fighter jets from France.”

The court also said that it could not “compel the government to procure 126 or 36 fighter jets” and that it totally depended on the government’s decision.

The Supreme Court bench headed by Chief Justice Ranjan Gogoi and comprising Justices Sanjay Kishan Kaul and KM Joseph said, “Our country can’t afford to be unprepared in matters of fighter aircrafts… We can’t go into the into wisdom of purchasing 36 aircrafts in place of over 126 aircrafts under the last deal.”

“We find no reason to intervene in the defence deal”, the CJI said while dismissing the petitions.

On the issue of the offset partner, the Supreme Court said there was no substantial evidence of commercial favouritism done to any private entity.

 

The apex court bench said, “We do not find any substantial material on record to show that this is a case of commercial favouritism to any party by the Indian Govt as the option to choose the IOP (Indian Offset Partner) does not vest with the Indian Government.”

The court, in its 29-page judgment, said: “Perception of individuals cannot be the basis of a fishing and roving enquiry by this Court, especially in such matters.”

The unanimous verdict said the court had also “closely” examined the price details including that of basic aircraft along with escalation costs. It said the government had claimed there was a commercial advantage in the deal for 36 jets and some better terms in deal qua weapons package and maintenance.

The bench added: “It is certainly not the job of this court to carry out a comparison of the pricing details in matters like the present”. The court said it was not saying anything more on the question of pricing as the details had to be kept confidential.

The bench also said, “It will not be correct for the court to sit as an appellate authority to scrutinise each aspect of the process of acquisition.”

On offsets, the court said it was “neither appropriate nor within the experience” of the court “to step into an arena of what is technically feasible”.

At the last hearing, the SC had even summoned senior Indian Air Force officials for the hearing that went on for nearly six hours. The government had submitted details of how it decided to buy 36 fighter jets from French defence manufacturer Dassault at Rs. 59,000 crore, to the top court and petitioners who have asked for an investigation into the deal. The pricing details, which the centre said were classified, were also submitted in a sealed cover to the court.

During the hearing, the government through its top law officer Attorney General KK Venugopal even questioned the court’s competence to judicially review the aircraft deal and said it was for experts to deal with it.

After the bench asked for assistance, senior IAF officials were brought in to answer questions. They told the court that Sukhoi 30s were the latest to be inducted which is a third generation aircraft and added that they do not have fourth or fifth generation aircraft in its fleet. The top court asked if there has been no induction of aircraft since 1985, the officers said “no” At that point, the AG told the court that if “Rafale had been during the Kargil war, we could have avoided huge casualties as the fighter jet is capable of hitting targets from 60 km.

The opposition Congress has been accusing massive irregularities in the deal, alleging that the government was procuring each aircraft at a cost of over Rs 1,670 crore as against Rs 526 crore finalised by the UPA government.

The main contention of the petitioners was that Prime Minister Narendra Modi announced the deal in April 2015, without following the Defence Procurement Procedure. It was argued that the negotiations for the deal started after the PM announced the deal and approval of the Cabinet Committee was obtained almost a year after the announcement. The prices of aircraft were highly inflated in the new deal, and offset guidelines were manipulated to accommodate Anil Ambani firm Reliance Defence, which had no experience in the sector.

Four petitions challenging the deal were filed in the apex court – two by lawyers M L Sharma and Vineet Dhanda, one by Aam Aadmi Party leader Sanjay Singh and the fourth by former union ministers Yashwant Sinha, Arun Shourie and advocate Prashant Bhushan.

The court had reserved its verdict in the matter on November 14 after hearing extensive arguments.

Reliance Group Chairman Anil Ambani on Friday welcomed the Supreme Court order on the multi-billion dollar Rafale jet deal, saying it established the falsity of politically motivated allegations against his firm.

“I welcome the judgment of the Hon’ble Supreme Court today summarily dismissing all PILs filed on the Rafale contracts, and conclusively establishing the complete falsity of the wild, baseless and politically motivated allegations levelled against Reliance Group and me personally,” Ambani said in a statement.

An elated BJP launched an attack on the Congress, especially Rahul Gandhi, for making “false allegations” against PM Narendra Modi.

BJP President Amit Shah tweeted: “Truth always triumphs! Court’s judgment on the Rafale deal exposes the campaign of misinformation spearheaded by Congress President for political gains. The court didn’t find anything wrong with the process nor did it find any commercial favouritism in the deal.”

He also questioned the “motive” behind the allegations: “… SC held that govt had no role in selecting offset partners & found no merit in the demand for a probe based on mere perception of individuals. It therefore raises obvious questions on the motive of those working to discredit the deal, which is important for India.”[/vc_column_text][/vc_column][/vc_row]

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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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Actor Imran Khan asked to leave India after CJP protest

Actor Imran Khan has been asked to leave India by October 28, days after participating in a protest called by the Cockroach Janta Party (CJP) in Mumbai.

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Actor Imran Khan, nephew of Bollywood star Aamir Khan, has been asked to leave India by the Mumbai Police, days after participating in a protest organised by the Cockroach Janta Party (CJP) in Mumbai.

According to the notice, the actor has been given until October 28 to leave the country. The development follows his participation in the demonstration, which brought the actor into the spotlight over his involvement in a political protest.

Imran Khan is believed to hold US citizenship and an Overseas Citizen of India (OCI) card rather than full Indian citizenship, according to the report.

What led to the notice against Imran Khan?

The notice came days after Imran Khan joined a protest called by the CJP in Mumbai. The group, described as a satirical political organisation, had called for the demonstration.

The actor’s participation was followed by action from the authorities, with the Mumbai Police directing him to leave India by the specified deadline.

The notice does not, by itself, mean that the actor has already left the country or has been deported. October 28 is the deadline mentioned for his departure.

Imran Khan and his citizenship status

Imran Khan is known for his work in Hindi films, including Jaane Tu… Ya Jaane Na and Delhi Belly. He is also the nephew of actor Aamir Khan.

The report states that Imran Khan is believed to be a US citizen and hold an OCI card. OCI status does not confer Indian citizenship, although it provides eligible foreign citizens of Indian origin with specified privileges under Indian law.

The notice directing the actor to leave India follows his participation in the Mumbai protest. The reported development has brought attention to the intersection of immigration rules and the participation of foreign nationals in political demonstrations.

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Election Commission orders voter roll revision in 17 states, UTs

The Election Commission has ordered a Special Summary Revision of electoral rolls in 17 states and Union Territories. Draft rolls are scheduled for November 12, with final rolls due on January 4, 2027.

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The Election Commission of India (ECI) has ordered a Special Summary Revision (SSR) of electoral rolls in 17 states and Union Territories, with the exercise aimed at facilitating voter registration and including eligible electors who may have been left out during the Special Intensive Revision (SIR).

The order was issued on Thursday, October 15, amid continuing political controversy over the SIR process and concerns raised by opposition parties regarding the exclusion of names from electoral rolls.

Under the announced schedule, January 1, 2027, will be the qualifying date for the revision. The draft electoral rolls are scheduled to be published on November 12, while the final rolls are due on January 4, 2027. Uttar Pradesh and Punjab, two states included in the exercise, are scheduled to go to the polls by February 2027.

Which states and Union Territories are covered?

The Special Summary Revision will cover the following 17 states and Union Territories:

  • Andaman and Nicobar Islands
  • Assam
  • Bihar
  • Chhattisgarh
  • Goa
  • Gujarat
  • Kerala
  • Lakshadweep
  • Madhya Pradesh
  • Manipur
  • Puducherry
  • Punjab
  • Rajasthan
  • Tamil Nadu
  • Uttar Pradesh
  • Uttarakhand
  • West Bengal

The Election Commission’s order follows earlier instructions issued to state election officials on September 29 to undertake a special drive to enrol eligible voters who had been left out, along with young and first-time electors.

Why has the Election Commission ordered the revision?

The announcement comes amid protests and political disagreements over the Special Intensive Revision of electoral rolls. Opposition parties have raised concerns about names being excluded during the exercise.

Another point of contention has been an additional declaration required from applicants submitting Form 6 for voter enrolment while the SIR was underway. The declaration required applicants to map their parents to the last SIR, which was conducted around 20 years ago.

The Election Commission had clarified on October 7 that the additional declaration applied only in states and Union Territories where the SIR was being conducted. It said the regular forms prescribed under the Registration of Electors Rules, 1960, would apply outside the SIR period.

The latest SSR order refers to applications for inclusion through Form 6 but does not mention the additional declaration.

What happens in states not covered by the current schedule?

The Election Commission has said that the schedule for the Special Summary Revision will be announced later in states and Union Territories where the SIR is ongoing or has recently been completed.

These include Andhra Pradesh, Arunachal Pradesh, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Haryana, Jharkhand, Karnataka, Maharashtra, Meghalaya, Mizoram, Nagaland, the National Capital Territory of Delhi, Odisha, Sikkim, Tripura and Telangana.

For Himachal Pradesh, Jammu and Kashmir, and Ladakh, where the SIR has not yet started, the schedule for electoral roll revision will be announced in due course, taking local weather conditions into account.

The Election Commission’s latest order sets out a separate timeline for the 17 states and Union Territories covered by the current SSR exercise, while leaving the schedules for the other regions to be announced later.

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