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Rafale deal: SC rejects Modi govt objections, accepts ‘stolen’ documents as evidence

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Rafale Deal

[vc_row][vc_column][vc_column_text]Prime Minister Narendra Modi’s claims of a Supreme Court clean chit on Rafale deal turned out to be bluster without basis as the top court today (Wednesday, April 10), rejected the Centre’s objections about the admissibility of certain documents that review petitioners claim have details the government had not revealed to the court.

The documents, which the government first claimed were “stolen” and then said “were leaked”, broadly relate to disparity in pricing details of the 36 jets deal, objections raised by the Indian negotiating team about parallel negotiations conducted by the Prime Minister’s Office, among others.

The Centre has contended that the documents were “sensitive to national security” and their “unauthorised photocopying and leakage” constituted “penal offences under the Indian Penal Code including theft”.

In a unanimous verdict, the three-judge bench headed by Chief Justice Ranjan Gogoi, Justices SK Kaul and KM Joseph said it would now go ahead with the hearing of review petitions in the light of new documents cited by petitioners alleging wrongdoing in the Rafale deal and seeking review of its December 14, 2018 judgment. The court will shortly fix a date to start detailed hearing on the review petitions, agencies reported.

The bench had on December 14, 2018, dismissed petitions seeking a court-monitored probe into the purchase of the jets from France finding “no occasion to doubt the (decision making) process” leading to the award of the contract and said there was no material to show that the government had favoured anyone commercially.

The petitioners had sought a review of the judgment, saying the court had relied on “patently incorrect” claims made by the government in its note submitted in a sealed cover to the bench, which heard the original petition. They claimed that more information had come to light subsequently and not considering them would result in grave miscarriage of justice.

The bench had on March 14 reserved its decision after hearing the Centre and the petitioners, former Union Ministers Yashwant Sinha and Arun Shourie, on the question of admissibility of these documents.

Attorney General KK Venugopal submitted that the review petitions were based on “stolen” Rafale documents which are not admissible in evidence. Appearing for the Centre, he had stated that the documents were unauthorisedly photocopied and leaked and that they also enjoyed protection under the Official Secrets Act, 1923. The government also sought their removal from the record of the case, saying they were of sensitive nature and their going public could jeopardise national security.

Rejecting these arguments, Chief Justice Gogoi, reading out the operative portion of the judgment that he and Justice Kaul wrote, said: “We deem it proper to dismiss the preliminary objections to hold and affirm that the review petitions will be adjudicated on their merits on the basis of the relevance of the three documents whose admissibility was questioned by the respondents (government).”

Justice KM Joseph has also concurred with them in a separate judgment. The chief justice said Justice Joseph agreed with the judgment delivered by him but gave different reasoning.

The judgment makes it clear that during the hearing of the review petition the bench will look into not only the question of pricing of the jet but also the selection of Indian offset partner of Dassault which manufactures Rafale.

The dates of hearing the review petitions will be fixed later, the CJI said.

Reacting to the order, Arun Shourie, who filed the review plea said, “We are delighted it is a unanimous verdict dismissing Central government’s peculiar argument on the admissibility of documents. Centre’s argument meant no wrong can be done in the defence deal,” reported news agency PTI.

The Congress said that the prime minister was left with no place to hide. “Modiji, you can run and lie as much as you want but sooner or later the truth comes out. The skeletons in Rafale scam are tumbling out one by one. And now there is ‘no official secrets act’ to hide behind,” Congress’ chief spokesperson Randeep Surjewala said.

“SC has upheld a time honoured legal principle; A rattled Modiji had threatened to invoke Official Secrets Act against independent journalists for exposing his corruption on Rafale. Don’t worry Modiji, an investigation is going to take place now, whether you like it or not,” he said in a series of tweets.

The BSP leader Mayawati  sought the PM’s apology for misleading parliament over the Rafale affair. “PM Modi’s efforts to hide massive problems and corruption under the Rafale scheme in the name of national security have failed. The BJP government has been cornered in the Supreme Court. For his continuous lies inside and outside the Parliament to mislead the nation, PM Modi should apologise and the defence minister should resign,” she said.

CPM leader Sitaram Yechury said: “Modi and his govt have compromised national security for corruption & cronyism in an important defence deal. They tried to evade accountability, denied a JPC, hid price from CAG, tried to first mislead, then stall any hearing in Supreme Court. Important that culprits are booked.”[/vc_column_text][/vc_column][/vc_row]

Entertainment

Kapil Sharma warned by MNS for referring to Mumbai as Bombay on Netflix show

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Bollywood comedian Kapil Sharma has come under the radar of the Maharashtra Navnirman Sena (MNS) after the use of the term Bombay instead of Mumbai on his Netflix show The Great Indian Kapil Show. MNS spokesperson Ameya Khopkar issued a warning, stating that the usage of the city’s former name could hurt the sentiments of its residents and demanded that the correct name, Mumbai, be used.

The controversy arose during an episode featuring actress Huma Qureshi, her brother Saqib Saleem, and the Shetty sisters. While talking about her bond with Saqib, Qureshi referred to the city as Bombay, explaining that she felt at home with him despite not being originally from the city. This comment drew criticism from the MNS, who have historically been vocal about protecting the identity and pride of Mumbai.

In a post on X, Khopkar stated in Marathi, that even though 30 years have passed since Bombay was officially renamed Mumbai, the term Bombay is still frequently used by celebrity guests on The Kapil Sharma Show, Delhi-based Rajya Sabha MPs, show anchors, and in many Hindi films. He noted that the name change was officially recognized by the Maharashtra government in 1995 and by the Central Government in 1996, preceding similar renamings in other major cities such as Chennai, Bengaluru, and Kolkata.

Khopkar further emphasized the seriousness of the matter during a media interaction in Mumbai. He stated that Sharma had been working in Mumbai for many years and described the city as his land of work. He added that the people of Mumbai admire him and watch his shows, and warned that the city and its residents should not be insulted, cautioning Sharma against repeating the mistake.

He added that if the reference had been made unintentionally, the mistake should be corrected immediately. Khopkar stated that all guests on the show, including celebrities and the host, should be informed in advance to refer to the city as Mumbai. He warned that if this is not followed, the MNS would launch a strong agitation.

The Great Indian Kapil Show has recently been renewed for a third season. Its first two seasons, comprising 13 episodes each, premiered in 2024, featuring a mix of Bollywood celebrities and entertainers. The controversy marks one of the few instances where the city’s political groups have publicly intervened over the naming of Mumbai on popular entertainment platforms.

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Latest News

Indian-origin motel manager beheaded in the US

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In a horrifying incident in Dallas, Texas, an Indian-origin motel manager, Chandra Nagamallaiah, was brutally beheaded by a guest following an argument over a malfunctioning washing machine. The gruesome attack was carried out by 37-year-old Yordanis Cobos-Martinez in front of Nagamallaiah’s wife and children, leaving the family traumatized.

According to court records and affidavits, the confrontation began when Nagamallaiah reportedly told Cobos-Martinez not to use a broken washing machine at the Downtown Suites motel. The suspect became enraged, partly because the manager relied on a woman present for translation instead of speaking directly to him. Surveillance footage later revealed Cobos-Martinez producing a machete and repeatedly stabbing and cutting Nagamallaiah, despite the efforts of his wife and child to intervene.

The affidavit details that the victim tried to flee to the motel’s front office while screaming for help, but the attacker followed him and continued the assault. Cobos-Martinez removed Nagamallaiah’s key card and cellphone before ultimately beheading him. Disturbing footage reportedly shows the suspect kicking the severed head across the ground before throwing it into a trash bin.

Cobos-Martinez, a Cuban national with a long criminal history, including convictions for grand theft, carjacking, false imprisonment, and sexual offenses, was arrested shortly after the attack. Authorities found him a block away wearing a blood-soaked T-shirt, along with the victim’s key card and cellphone. U.S. Immigration and Customs Enforcement (ICE) officials noted that Cobos-Martinez should not have been in the country at the time, as previous attempts to deport him to Cuba were unsuccessful due to his criminal record.

The Department of Homeland Security described the beheading as unthinkable and stated that the case highlights the critical need for strict immigration enforcement. A witness to the attack told NBC DFW that they could not explain what they saw, describing the suspect as appearing there and not there at the same time, emphasizing the surreal and terrifying nature of the crime.

This shocking incident has left the Dallas community and Nagamallaiah’s family in deep distress, as authorities continue their investigation into the motive and circumstances surrounding the brutal murder.

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India News

AAP MP Sanjay Singh accuses J&K authorities of house arrest, Farooq Abdullah condemns move

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Aam Aadmi Party (AAP) MP Sanjay Singh on Thursday accused Jammu and Kashmir Lieutenant Governor Manoj Sinha of placing him under house arrest while he was in Srinagar to protest the detention of the party’s sole J&K MLA, Mehraj Malik.

Singh climbed the gate of a government guest house in Srinagar to meet National Conference (NC) chief Farooq Abdullah and later shared visuals of the interaction on social media. He said it was a very sad thing that Abdullah, who has served multiple terms as Chief Minister of Jammu and Kashmir, came to meet him at the guest house after learning about his alleged house arrest but was not allowed to do so. Singh further questioned the authorities’ actions, asking whether if this is not dictatorship, then what it is.

Malik, the MLA from Doda Assembly seat, has been detained under the Public Safety Act (PSA) on charges of disturbing public order. This marks the first instance of a sitting lawmaker being booked under the PSA, which allows authorities to detain individuals without charge or trial for up to two years. Singh alleged that Mr. Malik’s detention was retaliation for raising people’s issues in his constituency.

Abdullah also condemned the attempts to stop Singh from holding his protest. In a statement to news agency ANI, he said that preventing Singh from exercising his right to protest was absolutely wrong and accused the Lieutenant Governor Sinha of misusing his powers. He stressed that the right to protest is guaranteed by the Constitution of India, noting that Jammu and Kashmir being a union territory gives the LG significant authority, which, according to him, was being used for the wrong purposes. Abdullah questioned whether it was necessary to prevent Singh from speaking and asserted that this is not an autocracy, there is a constitution here.

Abdullah drew parallels with the recent unrest in Nepal, where protests led to the resignation of Prime Minister KP Sharma Oli, and cautioned that India must safeguard its Constitution to prevent similar circumstances. He urged the LG to uphold constitutional principles, warning that failure to do so could risk unrest, and emphasized the need to take care of the Constitution before such a fire breaks out in the country.

Other opposition leaders, including AAP chief Arvind Kejriwal and Shiv Sena (UBT) leader Sanjay Raut, also expressed concern over the move, condemning what they described as an infringement on democratic rights.

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