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Rafale deal: Supreme Court agrees to hear petition to review its judgment, doesn’t say when

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Rafale deal: Supreme Court agrees to hear petition to review its judgment, doesn’t say when

The Supreme Court today (Thursday, Feb 21) said it would hear the pleas seeking review of its December 14 verdict dismissing the need for an investigation into the Rafale deal, but did not give a date.

Chief Justice of India Ranjan Gogoi, heading a Bench also comprising Justices LN Rao and Sanjiv Khanna, said that as of now, the judges who should be on the Bench were sitting in a different combination. “We will do something about it. We are sitting in a different combination (of judges). It is difficult to change it,” he said.

Former Union ministers Yashwant Sinha and Arun Shourie had earlier moved the apex court, seeking review of its December 14 judgment on the Rafale fighter jet deal, alleging that the court relied upon “incorrect claims” made by the Centre.

They had sought an urgent hearing in the review petitions and a petition seeking perjury proceedings against government officials who have “misled” the court about facts in the 36 Rafale jets’ deal through unsigned confidential notes.

On December 14 last year, a bench of CJI Gogoi, Justices SK Kaul and KM Joseph had dismissed a clutch of PILs, including the one filed by former Union ministers Yashwant Sinha and Arun Shourie, saying there was “no occasion to really doubt the process” of decision making, pricing and selection of offset partners in the deal for procurement of 36 Rafale jets from France.

Declining to interfere in the Rafale deal, the bench had said the perception of individuals cannot be the basis for a roving enquiry in matters of sensitive nature.

The judges had ruled, “We do not find any substantial material on record to show that this is a case of commercial favouritism to any party by the Indian government, as the option to choose the IOP (Indian Offset Partner) does not rest with the Indian government.”

One of the issues raised by the petitioners was the choice of Reliance Aerostructure Ltd as an offset partner by Dassault Aviation Ltd, which manufactures the Rafale. They alleged that the deal was tweaked to favour the Anil Ambani-owned company.

After the apex court’s verdict on Rafale, a controversy erupted over a paragraph in its 29-page ruling. On Page 21, in Para 25 of the judgment, the bench stated that the pricing details of the Rafale was shared with the CAG which, in turn, shared its report with the Public Accounts Committee (PAC).

But Mallikarjun Kharge, who chairs the PAC, says no such report has come to him yet and “neither does the CAG know about it”

A day after the Rafale judgment, the Centre had moved an application in the Supreme Court for carrying out a correction in the paragraph. The Centre pointed out that “misinterpretation” of its note has “resulted in a controversy in the public domain”. In the application, the Centre said the two sentences in paragraph 25 of the judgment appeared to have been based on the note submitted by it along with the pricing details in a sealed cover, but indicated the words used by the court lent a different meaning.

Clarifying its position, the Centre said it did not say that the CAG report was examined by PAC or a redacted portion was placed before Parliament.

In the application, the government claimed the apex court judgment erred in English grammar to “misinterpret” information submitted to it in a sealed cover note about the pricing of the 36 Rafale jets’ deal.

Petitions alleging that the apex court judgment is riddled with flaws and urging to SC to recall its verdict were filed in January and lie there waiting to be heard. The petitions want the apex court to re-consider its “erroneous” judgment, which relies on a “non-existent” CAG report to uphold the Rafale deal.

The petitioners contend the judgment based on a hypothetical CAG report was not merely a “clerical or arithmetical slip” but a substantial error. They want a “recall” of the verdict. The petitioners said the CAG was an independent constitutional body accountable only to the Parliament. The Centre’s claim that the CAG’s final report on Rafale would be in a redacted form was simply untrue. In fact, the government cannot dictate to the CAG what should or should not be redacted.

The petitioners also questioned the judgment’s dismissal of lack of sovereign guarantee from the French government’s side as a “minor deviation”.

Recently, the Chief Justice had revealed in court that the Centre’s application to modify the Rafale judgment and separate review pleas by petitioners to re-consider the December 14 verdict of the apex court were lying dormant in the court registry, waiting for lawyers to correct defects in the documents filed.

The CJI made it clear that the delay in listing the case was not the court’s doing but that of the lawyers concerned.

It has been over a month since the pleas have been filed in the apex court. There is no word about the government application filed on December 15, 2018 for a correction in the Rafale judgment, noted a report in The Hindu.

The silence that shrouds the application belies the urgency with which the Centre had returned to the apex court on December 15 — the very next day of the pronouncement of the judgment, The Hindu report said. The Centre has so far not made any oral mention before the court for an early hearing of its application.

The former Union Ministers had moved the apex court Monday seeking initiation of perjury proceedings against central government officials for allegedly giving “false or misleading” information in a sealed cover in the high-profile Rafale case.

The prosecution of the officials has been sought under IPC sections 193 and 195 dealing with the offences of giving false evidence, contempt of lawful authority of public servants and giving false documents in evidence.

“The information that has come into the public domain after the judgement of court was delivered prima facie shows that government ‘misled’ the court on various counts and the basis of the judgement of the court is more than one untruth submitted by the government and suppression of pertinent information.

“The untruths and suppression of information in the notes’ constitute perjury and also contempt as the notes’ were submitted pursuant to the orders of the court,” the plea read.

It also said that the note on pricing was not shared with the petitioners.

“From the notes on the ‘decision making process’ and ‘offsets’, and Judgement of the court based on notes’ submitted by the government, more than one untruth and suppressions are apparent,” it said.

The suppression of information by the government deprived the court of complete facts and it led to dismissal of the PILs, the plea said, adding that the errant officials who misled the court be identified and suitably dealt with.

Referring to the CAG’s audit of the deal, the plea said: “There was no CAG report at the time. The government misled the court into relying on non-existent fact/report as basis of its observation on pricing in the judgement.

“Instead of admitting that it misled the court, by way of an application for ‘correction’, government imputes that Justices …have misinterpreted tenses in English grammar in like manner individually and severally.”

The government’s act of stating “untruth” to the court in a sealed cover on ‘pricing’ and its subsequent “scandalous” plea for modification have lowered the “sanctity of judicial proceedings”, it said.

The plea also referred to recent media reports and alleged suppression of “unauthorised parallel negotiations” by the by the PMO and bypassing of the Ministry of Defence and the Indian Negotiating Team.

India News

DU VC Prof Yogesh Singh entrusted with additional charge of AICTE Chairman

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Prof. Yogesh Singh, Vice Chancellor of the University of Delhi, has been entrusted with the additional charge of the post of Chairman, AICTE till the appointment of a Chairman of AICTE or until further orders, whichever is earlier.

It is noteworthy that AICTE Chairman Prof. TG Sitharam was relieved of his duties after his term ended on December 20, 2025. According to a letter issued by the Ministry of Education, Government of India, on Monday, Prof. Yogesh Singh’s appointment is until the appointment of a regular AICTE Chairman or until further orders whichever is earlier.

Prof. Yogesh Singh is a renowned academician with excellent administrative capabilities, who has been the Vice-Chancellor of University of Delhi since October 2021. He has also served as the Chairperson of the National Council for Teacher Education. In August 2023, he was also given the additional charge of Director of the School of Planning and Architecture (SPA).

Prof. Yogesh Singh served as the Vice-Chancellor of Delhi Technological University from 2015 to 2021; Director of Netaji Subhas Institute of Technology, Delhi from 2014 to 2017, and before that, he was the Vice-Chancellor of Maharaja Sayajirao University, Baroda (Gujarat) from 2011 to 2014. He holds a Ph.D. in Computer Engineering from the National Institute of Technology, Kurukshetra. He has a distinguished track record in quality teaching, innovation, and research in the field of software engineering.

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India News

Goa nightclub fire case: Court extends police custody of Luthra brothers by five days

A Goa court has extended the police custody of Saurabh and Gaurav Luthra, owners of the nightclub where a deadly fire killed 25 people, by five more days.

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Luthra brothers

A court in Goa on Monday extended the police custody of Saurabh Luthra and Gaurav Luthra, the owners of the Birch by Romeo Lane nightclub, by five more days in connection with the deadly fire incident that claimed 25 lives on December 6.

The order was passed as investigators sought additional time to question the two accused in the case linked to the blaze at the Anjuna-based nightclub.

Owners were deported after fleeing abroad

According to details placed before the court, the Luthra brothers had left the country following the incident and travelled to Thailand. They were subsequently deported and brought back to India on December 17, after which they were taken into police custody.

Advocate Vishnu Joshi, representing the families of the victims, confirmed that the court granted a five-day extension of police custody for both Saurabh and Gaurav Luthra.

Another co-owner sent to judicial custody

The court also remanded Ajay Gupta, another owner of the nightclub, to judicial custody. Police did not seek an extension of his custody, following which the court passed the order, the victims’ counsel said.

The Anjuna police have registered a case against the Luthra brothers for culpable homicide not amounting to murder along with other relevant offences related to the fire incident.

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Delhi High Court issues notice to Sonia Gandhi, Rahul Gandhi in National Herald case

Delhi High Court has sought responses from Sonia Gandhi and Rahul Gandhi on the ED’s plea challenging a trial court order in the National Herald case.

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The Delhi High Court has sought responses from Congress leaders Sonia Gandhi and Rahul Gandhi on a petition filed by the Enforcement Directorate (ED) in connection with the National Herald case. The petition challenges a trial court order that refused to take cognisance of the agency’s prosecution complaint.

Justice Ravinder Dudeja issued notices to the Gandhis and other accused on the main petition, as well as on the ED’s application seeking a stay on the trial court’s December 16 order. The high court has listed the matter for further hearing on March 12, 2026.

The trial court had ruled that taking cognisance of the ED’s complaint was “impermissible in law” because the investigation was not based on a registered First Information Report (FIR). It observed that the prosecution complaint under the Prevention of Money Laundering Act (PMLA) was not maintainable in the absence of an FIR for a scheduled offence.

According to the order, the ED’s probe originated from a private complaint rather than an FIR. The court further noted that since cognisance was declined on a legal question, it was not necessary to examine the merits of the allegations at that stage.

The trial court also referred to the complaint filed by BJP leader Subramanian Swamy and the summoning order issued in 2014, stating that despite these developments, the Central Bureau of Investigation (CBI) did not register an FIR in relation to the alleged scheduled offence.

The ED has accused Sonia Gandhi, Rahul Gandhi, late Congress leaders Motilal Vora and Oscar Fernandes, Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering. The agency has alleged that properties worth around Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper, were acquired through Young Indian.

The agency further claimed that Sonia and Rahul Gandhi held a majority 76 per cent shareholding in Young Indian, which allegedly took over AJL’s assets in exchange for a Rs 90 crore loan.

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