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Rafale deal: Modi govt says leakage of secret documents has jeopardised national security

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Supreme Court on Rafale

[vc_row][vc_column][vc_column_text]The Centre today (Wednesday, March 13) told the Supreme Court that documents, attached in the petitions to review its Dec 14 verdict rejecting a probe in Rafale deal, are sensitive to national security and their leakage by photocopying amounts to theft and puts national security in jeopardy.

The court will continue the hearing on Thursday.

In an affidavit filed in the apex court, the Ministry of Defence (MoD) asked the court to reject the review plea and said that the petitioners including former union ministers Yashwant Sinha and Arun Shourie are guilty of leaking sensitive information.

“Those who’ve conspired in this leakage are guilty of penal offences including theft by unauthorized photocopying and leakage of sensitive official documents affecting national security. These matters are now subject of an internal inquiry which commenced on Feb 28,” the government told the court.

In the affidavit, the government said the review plea has been widely circulated and is available to the country’s enemy and adversaries. It said that the documents attached by the petitioners in the Rafale review case relate to war capacity of the combat aircraft.

“This puts the national security in jeopardy. Without consent, permission or acquiescence of the Central Government, those who have conspired in making the photocopy of these sensitive documents and annexing it to the review petition/ miscellaneous application and thereby committing theft by unauthorized photocopying of such documents…have adversely affected the sovereignty, security and friendly relations with the foreign countries,” the affidavit said.

It said that even though the Centre “maintains secrecy”, the review petitioners are “guilty of leakage of sensitive information, which offends the terms of the agreements.”

“The petitioners are using unauthorisedly accessed documents with the intention to present a selective and incomplete picture of internal secret deliberations on a matter relating to National Security and Defence,” the affidavit said.

The Supreme Court is hearing a bunch of petitions seek review of its December 14 verdict which had dismissed demands for a court monitored CBI investigation into irregularities in negotiating the Rafale fighter jet deal with the French government and Dassault Aviation.

As the three-judge bench of CJI Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph, which had delivered the December 14 judgment, began hearing the review petitions, on Wednesday (March 6), counsel for former Union finance minister Yashwant Sinha, the most high profile petitioner in the case, urged the court to rap the Centre for perjury.

Stating that the December 14 verdict did not go into their prayer for a court-monitored investigation into the Rafale deal but looked at prayers made by other petitioners – advocates ML Sharma and Vineet Dhanda – for cancellation of the deal, the counsel for Sinha argued that the real question before the court is whether their complaint warranted a probe.

Placing reliance on a set of documents related to the Rafale deal and the negotiations between the Indian and French sides that preceded it but which came in the public domain after the December 14 verdict, Sinha’s counsel said the apex court had relied upon “a large number of serious errors of fact” while dismissing the prayer for a probe into the deal.

“Those facts were presumably supplied to the court by the Centre in sealed cover notes…Critical material facts were suppressed from the court… the government should be hauled up for perjury,” Sinha’s counsel said.

The Centre had vociferously opposed the review petitions and asked the SC to dismiss them as they were based on documents “stolen” from the ministry of defence. “It’s a criminal act on the part of petitioners to bring these documents with them. They have come with unclean hands,” Attorney General (AG) KK Venugopal had said.

However, turn two days later the AG said the documents were not stolen, but the petitioners were using “photocopies of the original” papers.

Venugopal had informed the Chief Justice Ranjan Gogoi-led bench on March 6 that documents cited by The Hindu newspaper in its reports on the controversial Rafale deal were stolen and cannot be shown in court as it would affect national security. The government had also warned The Hindu with a case under Official Secrets Act for publishing articles based on these documents.

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India News

Delhi Pollution: GRAP IV restrictions to continue in national capital, says Supreme Court

The court also pulled up the Delhi Police over no checkpoints at the borders of the city for checking the pollution measures and said that it was a serious lapse.

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Delhi Pollution: GRAP IV restrictions to continue in national capital, says Supreme Court

The Supreme Court on Monday refused to relax GRAP IV measures in Delhi and ordered the CAQM to consider relaxing norms for students. The apex court observed that several students cannot avail midday meals, online classes and cannot access air purifiers.

The court also pulled up the Delhi Police over no checkpoints at the borders of the city for checking the pollution measures and said that it was a serious lapse. A bench headed by Justice AS Oka stated that they would consider prosecution of the Delhi Police Commissioner under the Commission for Air Quality Management (CAQM) Act for deploying police personnel at only 23 checkpoints, when Stage 4 of the GRAP was implemented.

Earlier, the court has also appointed 13 members from the court as commissioners to check whether the GRAP IV measures are being implemented or not. On Monday, the commissioners submitted their report to the court.

Subsequently, the court told the Delhi government that there were no checkposts at borders of the city and that the ban on trucks entering into the capital was not being followed properly.

The top court bench said that they were informed that no police or government personnel were present at the border checkpoints, and they were only manned by toll collection staff of the Municipal Corporation of Delhi. Mentioning that they will direct prosecution against all officials, the court questioned why the police were not directed to take action under Stage IV of the GRAP.

Responding, Advocate Shadan Farasat representing the Delhi government said that the CAQM had issued directions. Consecutively, the court asked him to show what written instructions were given by the state and the central government to the police on November 18. To this, Advocate Farasat said that directions were issued to post police personnel at 23 checkpoints where trucks could enter the city.

The court continued that this was negligence, adding that it will direct CAQM to prosecute the Delhi Police Commissioner.

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India News

Maharashtra elections: Ajit Pawar criticises Sharad Pawar’s decision to field Yugender Pawar against him

Ajit Pawar said that Yugendra is a business person, and he had no connection with politics.

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Maharashtra elections: Ajit Pawar criticises Sharad Pawar’s decision to field Yugender Pawar against him

After the Maharashtra Assembly Elections results, NCP leader Ajit Pawar criticized NCP faction led by Sharad Pawar for its decision to field his nephew Yugender Pawar against him in the family bastion of Baramati. Ajit Pawar also mentioned that his decision to field wife Sunetra Pawar against his sister Supriya Sule in the Lok Sabha election was a mistake. 

Sharad Pawar led NCP had fielded Yugender Pawar, son of Ajit Pawar’s elder brother Shrinivas Anantrao Pawar, in the Baramati Assembly segment. The constituency was represented by Sharad Pawar for over two decades, followed by Ajit Pawar for over three. In this assembly election, 33-year-old Yugendra Pawar was backed by Sharad Pawar and four-time Baramati MP Supriya Sule. However, Yugender Pawar lost out against his formidable uncle by a margin of over 1 lakh votes.

While addressing the media, Ajit Pawar said that Yugendra is a business person, and he had no connection with politics. He added that there was no reason to field his own nephew against him in the elections.

Earlier in the Lok Sabha elections 2024, Ajit Pawar had fielded his wife Sunetra Pawar against his cousin and Sharad Pawar’s daughter Supriya Sule, who won the contest by a 1.5 lakh votes margin. Later, Ajit Pawar admitted that it was a mistake.

Sharad Pawar had defended the decision to field Yugendra Pawar, mentioning that someone had to contest the polls. He had also said there was no comparison between Ajit Pawar and Yugendra Pawar. 

Notably, a 2023 rebellion led by Ajit Pawar against his uncle split the NCP founded by Sharad Pawar. Since then, the senior Pawar has been fighting to win his party’s name and symbol back. 

Previously In the Lok Sabha election, the veteran had trumped his nephew, with his faction winning 8 seats compared to Ajit Pawar’s score of 1. However this time, the tables turned as NCP (Sharad Pawar) scored 10, but Ajit Pawar’s party won 41.

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Sambhal violence: Samajwadi Party MP among 400 charged in Uttar Pradesh, Opposition blames BJP

The protesters also set some vehicles on fire and threw stones at the police, who used tear gas and batons to disperse the mob.

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Sambhal violence: Samajwadi Party MP among 400 charged in Uttar Pradesh, Opposition blames BJP

Samajwadi Party MP Ziaur Rahman Barq, and his party colleague Iqbal Mahmood’s son Nawab Suhail Iqbal are among the 400 people who have been charged in the violence over the survey of a mosque in Uttar Pradesh’s Sambhal. Nearly 25 people were arrested for the violence which killed 4 people.

During a court-ordered survey of the Mughal-era Shahi Jama Masjid on Sunday, Sambhal witnessed deadly clashes between the locals and the police. The Shahi Jama Masjid is at the centre of a contentious legal battle over claims that it was built on the site of a Hindu temple.

Reports said that the protesters also set some vehicles on fire and threw stones at the police, who used tear gas and batons to disperse the mob. Considering the situation, the district administration has imposed prohibitory orders and barred the entry of outsiders till November 30.

Around 20 police personnel were also injured and a constable, who suffered an injury to the head, is said to be critical. Addressing a press conference, Superintendent of Police Krishan Kumar said that due to Ziaur Barq’s statement earlier, the situation became worse. He added they were identifying the protestors using drone footage and that the accused would be charged under the stringent National Security Act (NSA).

Reacting to the incident, Leader of Opposition in Lok Sabha and Senior Congress leader Rahul Gandhi attacked the BJP today, saying the party was responsible for vitiating the situation.

The Congress leader said that the biased and hasty attitude of the state government on the recent dispute in Sambhal, Uttar Pradesh is extremely unfortunate. He expressed deepest condolences to those who lost their loved ones in the violence and firing. He claimed that the administration’s insensitive action without listening to all parties further vitiated the situation and resulted in the death of many people, for which the BJP government is directly responsible.

Rahul Gandhi further said that the BJP’s use of power to create rift and discrimination between Hindu-Muslim communities is neither in the interest of the state nor the country. He also requested the Supreme Court to intervene in this matter as soon as possible and provide justice.

Earlier on Sunday, Samajwadi Party chief Akhilesh Yadav accused the BJP, along with the state government and administration of orchestrating the violence. 

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