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Rafale deal: SC reserves its order on petitions challenging the deal and seeking court-monitored probe

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Rafale deal controversy

The Supreme Court today (Wednesday, November 14) reserved its judgment on pleas challenging the deal for procurement of 36 Rafale fighter jets from France and seeking a court-monitored probe into the matter.

A three-judge bench, headed by Chief Justice of India Ranjan Gogoi and comprising Justices UU Lalit and KM Joseph, heard the arguments two days after the government submitted details on the decision-making process to finalise the Rafale fighter jet deal with France and the details of pricing in a sealed cover exclusively to the judges. A redacted version of decision making process was shared with petitioners.

The petitioners in the case include advocate Manohar Lal Sharma, lawyer Vineet Dhanda, AAP MP Sanjay Singh and former Union ministers Yashwant Sinha, Arun Shourie and activist lawyer Prashant Bhushan.

The petitioners wanted the Attorney-General, representing the Centre, to reply why a joint press statement was issued by Prime Minister along with French President Francois Hollande in April 2015, well over a year before the Cabinet Committee on Security finally approved the 36 jets’ deal signed in Sep 2016.

On the price of the Rafale aircraft, they said the government was hiding behind the secrecy clause of the agreement.

Arun Shourie, who was also present, said, “All that is spoken of as add on’s to the jets had figured in the original Request for Proposal,” adding, “Government is putting out all kinds of reports through ‘friendly media’.”

He argued that pricing was about public money and it must not be covered under secrecy agreement.

Attorney General KK Venugopal contended that “secrecy agreement has to be secret”. He argued that if the price is made public, adversaries would be able to relate it to the equipment. The AG said the secrecy is not about the price but the weaponry and avionics and if price is made public, adversaries would be able to relate it to the equipment.

The AG further asked if the court was competent to judicially review the Rafale deal, adding that the “matter is for experts to decide on, not the court”.

The bench then asked for the assistance of an Air Force officer on the issue. Deputy Chief of Air staff, Air Marshal VR Chaudhari and two other officers from Indian Air Force appeared in the Supreme Court to assist it on the issue of the procurement of 36 Rafale fighter jets from France.

They told the court that Sukhoi 30s were the latest to be inducted which is a third generation aircraft and added that the Indian Air Force does 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”.

The government’s contention that procedure was followed was challenged, arguing that the Rafale deal qualified none of the three conditions laid down by the Defence Procurement Procedure (DPP).

It was contrary to the procedure laid down as the choice was not disclosed to the Cabinet, Defence Acquisition Council nor the Defence Minister. They argued that the government “short-circuited” the acquisition process, as it took the Inter-Government Agreement route to avoid giving tender.

Alleging gross violation of procedure in decision making process in the deal, Bhushan asked: “Who took the decision for 36 jets? On what basis did the PM announce the deal for 36 jets? He had no authority. How was 126 jets reduced to 36 jets?”

Asserting that not a single aircraft was delivered till now even after three-and-a-half years, he told the Supreme Court bench that if the 126 aircraft deal was still on, “at least 18 jets would have been delivered by April 2019”.

The government note in the Supreme Court on the Rafale deal said the prolonged impasse over the 126-aircraft deal had caused an “urgent need” to acquire 36 Rafale jets or two squadrons in a fly-away condition.

The documents provided by the government Monday claimed that the delay in concluding the Medium Multi-Role Combat Aircraft (MMRCA) deal, during the UPA rule, gave India’s adversaries time to upgrade and equip their fighter fleets with advanced weaponry.

“During this long period of inconclusive 126 MMRCA process, our adversaries inducted modern aircraft and upgraded their older versions. They acquired better capability air-to-air missiles and inducted their indigenous fighters in large numbers. Further, they modernised and inducted aircraft with an advanced weapon and radar capabilities,” the government had said.

When asked by the CJI about the argument of the petitioner that France had not given a sovereign guarantee to the deal, the attorney general said there was “letter of comfort” from the French President.

The petitioners also questioned Reliance as the choice of offset partner, a company with no experience in manufacturing defence aircraft. Regarding the contentious offset details of the Rafale deal, Justice Joseph asked the additional defence secretary as to how the country’s interests would be protected if the offset partner did not carry out production.

“What was the need to amend offset guidelines with retrospective effect?” Joseph asked. The official said that it was for the government to accept the choice made by the Original Equipment Manufacturer of the offset partner. Venugopal said that Dassault had not yet submitted details of offset partner to government.

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PM Modi says need to equip youth with skills in emerging technologies like AI

He acknowledged the significant contribution of youth energy to India’s advancement and reaffirmed his government’s commitment to nurturing young talent and boosting their self-confidence.

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Prime Minister Narendra Modi on Thursday emphasised the importance of adapting to the rapidly evolving world, noting that emerging needs, expectations, and future directions underscore the necessity for a modern approach in equipping young people with skills in emerging technologies like artificial intelligence and machine learning.

He acknowledged the significant contribution of youth energy to India’s advancement and reaffirmed his government’s commitment to nurturing young talent and boosting their self-confidence.

In his remarks during the ‘Veer Baal Diwas’ celebrations, Modi stated, “This era has moved beyond machines to machine learning. AI is taking centre stage, and we can see its application replacing conventional software. It is essential to make our youth future ready to tackle these challenges.” The observance of ‘Veer Bal Diwas’ honors the courage and sacrifices of Guru Gobind Singh’s four sons, esteemed figures in Sikhism.

The Prime Minister outlined that the government’s policies are focused on youth, encompassing various sectors, including the startup ecosystem, space economy, sports and fitness, fintech, manufacturing, skill development, and internship programs.

He highlighted that the new National Education Policy is designed to modernize education, facilitating expansive learning opportunities.

Additionally, Modi announced the launch of the ‘Suposhit Gram Panchayat Abhiyan,’ aimed at fostering healthy competition among village panchayats to eliminate malnutrition, thus laying the groundwork for a developed India. He encouraged the youth to excel in their respective fields, whether in railways, semiconductors, travel, or astronomy.

The Prime Minister highlighted that youth power is at the forefront of driving revolutions across various fields, including startups, science, sports, and entrepreneurship. He emphasised that all government policies—whether related to the startup ecosystem, the future of the space economy, the sports and fitness sector, fintech and manufacturing industries, or skill development and internship programs—are designed with a youth-centric focus to benefit young people.

During the Veer Bal Diwas ceremony, Modi paid tribute to the “unparalleled” sacrifices of Guru Gobind Singh’s sons, the Sahibzadas, who chose “unwavering courage and faith over submission to the Mughal Empire’s oppression.” He remarked that the government established this day of remembrance to honor the bravery of the Sahibzadas, stating, “Their legacy continues to inspire.”

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Mahatma Gandhi’s legacy under threat from Modi government: Sonia Gandhi

Approximately 200 leaders, including CWC members, special invitees, party officials, and former chief ministers, convened for the Congress meeting in Belagavi.

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Congress Parliamentary Party (CPP) chief Sonia Gandhi on Thursday said Mahatma Gandhi’s legacy is under threat from those in power in New Delhi and the ideologies and institutions that have nurtured them. She urged the party workers to bolster their commitment to addressing these challenges with determination.

As the Congress Parliamentary Party Chairperson, Gandhi slammed the Narendra Modi government and the RSS, urging action against the forces she accused of fostering the toxic environment that contributed to Mahatma Gandhi’s assassination.

“It was a transformative moment in our nation’s history. Today, we recommit to honoring, safeguarding, and advancing the legacy of Mahatma Gandhi, who has always been and will remain our fundamental source of inspiration,” she stated.

“His influence shaped and guided the remarkable leaders of his time. However, his legacy now faces threats from those in power in New Delhi, along with the ideologies and institutions that support them,” she continued in her message.

“These organisations never stood for our freedom; they vehemently opposed Mahatma Gandhi and are responsible for creating a toxic environment that led to his assassination. Furthermore, they celebrate his assassins,” Gandhi asserted.

She highlighted that “Gandhian institutions across the nation are under assault” and expressed that it is fitting for this meeting to be named Nava Satyagraha Baithak. She called for a renewed determination to confront these forces with all available strength.

Additionally, she encouraged party workers to unite and tackle the challenges ahead with urgency and renewed enthusiasm.

Congress President Mallikarjun Kharge, also speaking at the meeting, accused the BJP of disrespecting freedom fighters, particularly B.R. Ambedkar. He alleged that Prime Minister Narendra Modi and his administration refuse to acknowledge the error made by Home Minister Amit Shah regarding his “extremely insulting” comments about Ambedkar.

In response, the BJP condemned the Congress’s gathering, labeling the Belagavi session as a “monumental mockery of the principles of Mahatma Gandhi.” Senior BJP leader C.R. Kesavan remarked that “Rahul Gandhi’s Congress stands in stark opposition to Mahatma Gandhi and his ideals.”

Approximately 200 leaders, including CWC members, special invitees, party officials, and former chief ministers, convened for the Congress meeting in Belagavi.

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China gives nod to build world’s largest dam on Brahmaputra close to Indian border

The investment in this dam could surpass one trillion yuan (approximately $137 billion), significantly overshadowing all other single infrastructure projects, including China’s own Three Gorges Dam, which is currently recognized as the largest in the world.

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China has given its nod to construct the world’s largest dam, termed the most significant infrastructure project globally, with an estimated cost of $137 billion, located on the Brahmaputra River in Tibet near the Indian border, raising alarms for neighboring countries, particularly India and Bangladesh.

The Chinese government announced its decision to develop a hydropower project in the lower reaches of the Yarlung Zangbo River, which is the Tibetan nomenclature for the Brahmaputra.

The dam will be sited at a substantial gorge in the Himalayan region where the Brahmaputra river makes a notable U-turn, flowing into Arunachal Pradesh before reaching Bangladesh.

The investment in this dam could surpass one trillion yuan (approximately $137 billion), significantly overshadowing all other single infrastructure projects, including China’s own Three Gorges Dam, which is currently recognized as the largest in the world.

China had previously operationalised the $1.5 billion Zam Hydropower Station, the largest in Tibet, back in 2015. This Brahmaputra dam project forms part of the 14th Five-Year Plan (2021-2025) and is aligned with broader National Economic and Social Development goals and Long-Range Objectives set out through 2035, as established by the Communist Party of China’s key policy-making body in 2020.

Concerns have been raised in India, as the dam would allow China not only to manage water flow but also potentially to release significant water volumes, which could inundate border areas during hostilities. In parallel, India is also pursuing the construction of a dam on the Brahmaputra in Arunachal Pradesh.

In 2006, India and China instituted the Expert Level Mechanism (ELM) to address various matters related to trans-border rivers, which involves China providing hydrological data regarding the Brahmaputra and the Sutlej rivers during the monsoon seasons.

Discussions on data sharing related to trans-border rivers were highlighted in recent talks between the Special Representatives for border issues in India and China, NSA Ajit Doval, and Chinese Foreign Minister Wang Yi, which took place on December 18.

The proposed Brahmaputra Dam presents substantial engineering hurdles, situated along a tectonic plate boundary known for seismic activity. The Tibetan Plateau, often referred to as the “roof of the world,” is susceptible to earthquakes because of its location over tectonic plates.

An official statement released on Wednesday attempted to alleviate fears concerning seismic risks, asserting that the hydropower project is designed to be safe and emphasizes ecological protection.

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