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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

PM Modi’s Indonesia visit to boost defence, digital and strategic partnership

Prime Minister Narendra Modi’s Indonesia visit is expected to strengthen bilateral ties through new initiatives in defence, digital infrastructure, maritime security, trade and critical minerals.

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PM Narendra Modi

Prime Minister Narendra Modi’s upcoming visit to Indonesia is expected to give fresh momentum to the growing strategic partnership between the two countries, with discussions likely to cover defence cooperation, maritime security, digital connectivity, trade, critical minerals and several other sectors.

India’s Ambassador to Indonesia, Sandeep Chakravorty, said the relationship between New Delhi and Jakarta has entered a stronger phase following Indonesian President Prabowo Subianto’s visit to India as the Chief Guest for the Republic Day celebrations last year. He said the Prime Minister’s visit is expected to further strengthen this trajectory through a series of new understandings and agreements.

Defence and maritime cooperation likely to receive major push

According to the ambassador, defence and maritime security will remain key pillars of the discussions during the visit.

He highlighted Indonesia’s strategic location along the Malacca Strait, describing secure sea lanes as vital for both countries and the wider Indo-Pacific region. He stressed that uninterrupted maritime connectivity remains essential for global trade and regional stability.

Without revealing specific details, Chakravorty indicated that the visit could produce significant outcomes in defence cooperation, saying several important announcements are expected.

‘BrahMos Plus’ hints at broader defence partnership

The ambassador also suggested that defence ties between India and Indonesia are moving beyond discussions centred on the BrahMos supersonic cruise missile.

Responding to a question about future cooperation, he remarked that the next phase would be “BrahMos Plus,” while refraining from providing further details.

He said future collaboration is expected to focus on defence manufacturing, technology partnerships, training and capacity building. India, he noted, has emerged as an important exporter of defence equipment and could support Indonesia’s efforts to strengthen its domestic defence manufacturing capabilities.

Military cooperation is also expanding, with India set to participate with troops for the first time in the multinational Garuda Shield military exercise after previously attending as an observer.

Digital connectivity and UPI integration gain momentum

Digital cooperation is expected to be another major highlight of the visit.

The ambassador said Indonesia is preparing to launch its Open Network for Digital Commerce (ONDC)-inspired platform during Prime Minister Modi’s visit, making it the fastest international adopter of India’s digital public infrastructure model.

The initiative is expected to support nearly 65 million micro, small and medium enterprises (MSMEs) in Indonesia by creating a more open digital commerce ecosystem.

Chakravorty also said discussions on integrating India’s Unified Payments Interface (UPI) with Indonesia’s payment systems have reached an advanced stage.

While technical integration remains complex due to Indonesia’s multiple payment-switch networks, he expressed confidence that progress would continue and the Prime Minister’s visit could accelerate the process.

Critical minerals and investment to feature prominently

Critical minerals are also expected to be a major area of cooperation as both countries look to strengthen supply chains for clean energy technologies and electric vehicle manufacturing.

Indonesia possesses significant reserves of nickel and other strategic minerals, while India is seeking reliable supplies to support its manufacturing ambitions.

The ambassador said India plans to invest in processing critical minerals within Indonesia rather than importing only raw materials. He added that such investments would support industrial development in both countries while contributing to India’s self-reliance goals.

Cultural ties to be highlighted

Apart from strategic and economic cooperation, the visit is also expected to showcase the longstanding cultural relationship between India and Indonesia.

Both countries will launch a 15-month programme commemorating Rabindranath Tagore’s 1927 visit to Indonesia, recognising his influence on the country’s educational and cultural landscape.

Prime Minister Modi is also expected to visit Yogyakarta, a city known for its historic temples, reflecting the deep civilisational links shared by the two nations.

With cooperation expanding across defence, digital infrastructure, trade and critical minerals, the visit is expected to mark another important step in strengthening the India-Indonesia strategic partnership and advancing cooperation in the Indo-Pacific region.

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Ram Mandir Trust accepts Champat Rai’s resignation amid donation theft row

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted Champat Rai’s resignation as General Secretary following the donation theft controversy, with Bajrang Bagra emerging as a leading contender for the post.

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Champat Rai

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted the resignation of its General Secretary, Champat Rai, following the controversy surrounding the alleged theft of cash donations at the Ram Temple in Ayodhya.

According to sources, Bajrang Bagra has emerged as one of the leading contenders for the post. Bagra currently serves as the International General Secretary of the Vishwa Hindu Parishad (VHP). A chartered accountant by profession and a former head of PSU NALCO, he is considered to have the administrative and financial expertise required as the Trust moves into its next phase.

Sources indicated that the Trust is looking to appoint someone with strong experience in governance, finance and institutional administration to strengthen its functioning.

Although Champat Rai has stepped down as General Secretary, sources said he is expected to continue as a trustee unless he decides otherwise.

Decision on successor may come after VHP executive meeting

The appointment of the next General Secretary is unlikely to be announced immediately. The VHP’s biannual national executive meeting is scheduled to take place in Delhi on July 19 and 20, where several organisational decisions, including transfers and appointments, are expected to be discussed.

Champat Rai and trustee Anil Mishra had submitted their resignations after Uttar Pradesh Chief Minister Yogi Adityanath reportedly took a firm stand on the alleged donation theft. Their resignations came after the Special Investigating Team (SIT) submitted its preliminary findings into the case.

Donation theft investigation

According to the preliminary investigation, temple staff responsible for counting cash donations allegedly siphoned off money despite CCTV cameras being installed at the counting centre. The report stated that the footage was not monitored regularly, allowing the alleged theft to continue. Reports suggest that around Rs 7 crore to Rs 7.5 crore may be missing.

So far, eight people have been arrested in connection with the case. Among them is Ram Shankar Yadav, also known as Tinnu Yadav, who worked as Champat Rai’s driver.

Sources said Champat Rai has told his close associates that Tinnu Yadav played the central role in the alleged fraud and misused the trust placed in him. According to the sources, Rai also claimed that when Yadav feared he would be caught, he leaked information to a Samajwadi Party leader.

The other accused arrested in the case are Avinash Shukla, Anukalp Mishra, Lav Kush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra and Subhash Srivastava.

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WhatsApp gets more time to respond on username feature, rollout in India put on hold

WhatsApp has been granted more time to respond to the government’s concerns over its username feature and has assured that it will not launch the feature in India until discussions are completed.

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WhatsApp

Meta assures the government that the feature will not be introduced in India until ongoing consultations are completed.

Meta-owned WhatsApp has been granted an extension to submit its response to the Centre regarding its proposed username feature, while assuring the government that it will not roll out the feature in India until discussions on the matter are concluded.

According to sources, the government has allowed WhatsApp three additional days to file its response after the company sought more time. The original deadline for the reply was Friday.

The proposed username feature would allow users to connect with others without revealing their phone numbers, a move that has raised concerns within the government over its potential impact on cyber safety.

Last week, the Centre issued a notice to Meta questioning the feature, expressing concerns that it could increase online fraud, phishing attempts, impersonation, and so-called “digital arrest” scams. The government also directed the company to pause the rollout until consultations are completed to its satisfaction.

Sources said representatives from Meta met officials from the Ministry of Electronics and Information Technology (MeitY) on Friday following the issuance of the notice. During the discussions, WhatsApp reportedly assured authorities that the feature would not be introduced in India before the consultation process is completed.

The government has also asked Meta to explain why action should not be initiated under the Information Technology Act and the relevant rules if the proposed feature is found to compromise user safety. It reminded the company that WhatsApp, as a significant social media intermediary, must comply with due diligence obligations under Indian law.

A WhatsApp spokesperson had earlier clarified that the username feature is not yet live and is expected to be introduced gradually later this year.

The company said it has built several safeguards into the feature to prevent impersonation. According to WhatsApp, usernames of public figures, government entities, celebrities, and verified Meta accounts have been reserved so that they can only be claimed by their legitimate owners. It also said lookalike variations of such usernames are being restricted.

WhatsApp also clarified that users will still need a phone number to create and use a WhatsApp account. The username feature is intended only as an alternative way for people to connect.

The company added that users would need to know another person’s exact username before initiating contact. It also plans to limit how many new users an account can message, prevent repeated attempts to guess usernames, and use automated systems to detect impersonation and abusive behaviour.

To help users identify unfamiliar contacts, WhatsApp said it will display contextual information whenever someone sends a message through a username for the first time. Users will be informed whether the sender is a new account, an existing contact, someone who shares a mutual group, or a person located in another country before deciding whether to respond.

Following its notice to WhatsApp, the IT Ministry also issued notices to Telegram and Signal, seeking details on how their existing username-based systems address concerns related to fraud and impersonation. While WhatsApp has around 500 million users in India, Telegram has a significantly smaller user base.

In recent days, Meta and Telegram have also come under regulatory scrutiny on separate issues. The government recently issued a notice to Meta regarding child sexual abuse material appearing in Instagram advertisements, while Telegram was directed to strengthen action against the circulation of pirated films, OTT content, and other copyrighted audio-visual material on its platform.

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