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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.

India News

India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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India News

PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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India News

Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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