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Rafale deal: Reports find loopholes in Centre’s explanation submitted to Supreme Court

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[vc_row][vc_column][vc_column_text]Several reports have pointed out gaps and loopholes in Narendra Modi government’s submission to the Supreme Court (SC) giving details of the process by which it arrived at the decision to buy 36 Rafale fighter aircraft from France while cancelling a tender for 126 Rafales, of which 108 were to be built in India.

The government had also submitted details about the price and how it was arrived at in a sealed cover for the judges’ perusal only. The details of the decision making process and the pricing were submitted in response to the SC order on October 31.

A redacted version of the submission on the procurement process was shared with the petitioners as well in accordance with the court’s directions.

Dissatisfied with the government’s reply, the petitioners plan to file a rejoinder, said media reports.

The government’s reply was also analysed by some media organisations which found that the government’s submission suffered from several loopholes or discrepancies with facts.

The first aspect pointed out was that PM Narendra Modi announced purchase of 36 Rafale aircraft before Cabinet Committee on Security’s (CCS) approval. On 10 April 2015, Indo-French joint statement was issued on by the PM Modi and France President Hollande, which stated: “Government of India conveyed to the Government of France that in view of the critical operational necessity for multi role Combat Aircraft for Indian Air Force (IAF), Government of India would like to acquire 36 Rafale jets in fly-away condition as quickly as possible…”

PM Modi made the announcement first and then the negotiation kick-started between India and France, after which the CCS’ approval was obtained. PM Modi’s statement was a fait accompli, the CCS’ approval was just a formality.

The government has claimed in the documents that procedure was followed in the purchase of the Rafale aircraft.

Writing in Business Standard, defence expert Ajai Shukla said that while claiming that “all the requisite steps… have been followed”, the 16-page submission makes it clear the government did not take the most basic steps that are fundamental to any procurement and which are spelt out in detail in the Defence Procurement Policy of 2013 (DPP-2013), which governed the 36-Rafale purchase.

The government failed to involve the Indian Air Force (IAF) in formulating “service qualitative requirements” (SQRs), which specify the capabilities of the equipment being procured.

Nor was the next step taken, which is the formulation of a statement of case (SoC), in which the military must justify the procurement.

The SoC is forwarded through two key acquisition committees – the Services Capital Acquisition Plan Categorisation Committee (SCAPCC) and the Services Capital Acquisition Plan Categorisation Higher Committee (SCAPCHC) – to the Defence Acquisition Council (DAC), which accords an Acceptance of Necessity (AoN) to go ahead with the procurement.

The SCAPCC and the SCAPCHC decide whether the equipment is to be built in India, bought from abroad, or a mixture of the two.

Instead of going through these foundational steps, which would have involved the IAF in the decision, the government’s submission to the SC indicates that it assumed that the clearances granted for the 126 medium multi-role combat aircraft (MMRCA) procurement were also valid for the 36-Rafale contract, even though these were two fundamentally different procurements. “The acquisition process for MMRCA had reached commercial evaluation stage after completion of all the standard processes as per DPP,” says the submission.

“The background of the case was brought to the notice of the DAC where it was mentioned that operational capability of 36 Rafale aircraft will be in accordance with the SQR for the procurement of MMRCA.”

This statement of the government does not square with its assertion – made to justify the higher price of the 36 Rafales – that a range of “India-Specific Enhancements” made the operational capability of the 36 Rafales significantly higher than the Rafales in the MMRCA tender.

The government has submitted, it pursued the procurement as an Inter-Governmental Agreement (IGA) with France, for which the DAC accorded clearance on May 13, 2015. The Centre informed the SC that an Indian Negotiating Team (INT) was constituted to negotiate the terms and conditions of the procurement of 36 Rafale aircraft. The negotiation started between the INT and French side in May 2015, a month after PM Modi announced that Rafale aircraft will be purchased.

The INT had 48 internal meetings and 26 external meetings with the French side between May 2015 and April 2016. The INT submitted its final report on 4 August 2016 and recommended the case to be pushed for CCS’ approval and signing of the agreement with Dassault Aviation.

Finally, on 24 August 2016, the CCS gave its approval for signing of Inter-Governmental Agreement (IGA) for the purchase of 36 Rafale aircraft.

The IGA was signed by Defence Minister Nirmala Sitharaman and the French Defence Minister on 23 September 2016.

On what grounds did PM Modi decide to make the announcement of the purchase of Rafale aircraft without CCS’ approval, which came more than a year later?

The initial tender for 126 Rafale jets could not be concluded, the government has said, due to “unresolved issues related to 108 aircraft to be manufactured in India”.

The two main issues involved production problems and questions of contractual responsibility. According to the documents filed by the Centre, it would have taken Hindustan Aeronautics Ltd “2.7 higher man-hours” to make the jets in India, when compared to the time it would have taken Dassault to make them in France. And secondly, issues related to “contractual obligation and responsibility” for the 108 jets that would be made in India could not be resolved.

“[These] issues remained unresolved for more than three years. This delay impacted the cost  of acquisition, as the offer was with in-built escalation and was influenced by the Euro-Rupee exchange rate variations.  As the contract negotiations reached a stalemate and RFP compliance could not be ensured, the process for RFP withdrawal was initiated in March, 3 2015,” the government says.

The government version flies in the face of reports that HAL and Dassault managed to iron out any differences they had and actually signed a work-share contract. Former HAL chief Suvarana Raju is also on the record as having said this contract was given to the Modi government and that HAL would “guarantee” aircraft it made, in an allusion to the problems of contractual responsibility being resolved.

The Centre’s primary justification for this is that while the long and inconclusive MMRCA process dragged on, India’s enemies in the same time managed to induct “modern aircraft and upgraded their older versions”, and thus posed a threat to the country’s defence.

Nowhere in the documents submitted to the SC does the BJP government clarify whose decision it was to purchase 36 aircraft instead of the 126 asked for by IAF and being negotiated under the previous deal.

“The combined effect of our own reducing combat potential and our adversaries enhancing their combat potential made the situation asymmetrical and  extremely critical. An urgent need was felt to arrest the decline in the number of fighter squadrons in IAF and enhance their combat capabilities,” the document says, on why a smaller deal was then decided upon.

The BS analysis also points to the paradox of the government citing a growing enemy air threat to justify cancelling the 126-Rafale tender and replacing it with fewer fighters.

 

The Centre remains silent on how it went about it. For instance, the government meticulously lays out every part of the acquisition process from May 2015 onwards, which is when the deal was presented to the Defence Acquisition Council, but is surprisingly short of details on what happened in the weeks and months leading to the April 2015 announcement.

If there is some record, the Modi government doesn’t seem intent on sharing it. This is an important detail, because opposition parties like the Congress have alleged that the deal was changed at the last-minute to benefit Anil Ambani’s Reliance Defence.[/vc_column_text][/vc_column][/vc_row]

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Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

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Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

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Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

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The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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