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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.

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Delhi deploys 25,000 personnel, installs CCTV cameras ahead of CJP march

More than 25,000 police and paramilitary personnel have been deployed in Delhi ahead of the CJP’s planned protest march at Connaught Place. Authorities have also imposed restrictions and stepped up CCTV surveillance.

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Delhi has stepped up security ahead of a planned protest march by the Cockroach Janta Party (CJP), with more than 25,000 police and paramilitary personnel deployed and additional surveillance measures introduced in parts of the national capital.

The planned “Lehra Do Tiranga” march is scheduled to take place at Central Park in Connaught Place on Friday, October 16. Authorities have also imposed prohibitory orders in Connaught Place and surrounding areas as part of the security arrangements.

Security tightened across Connaught Place

The security arrangements include the deployment of police and paramilitary personnel, along with the installation of additional CCTV cameras at Central Park and Rajiv Chowk Metro Station.

Prohibitory orders have been imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in Connaught Place and nearby areas. Central Park is also scheduled to remain closed for two days, with authorities advising the public to avoid the area during the arrangements.

A high-level meeting chaired by Delhi Police Commissioner Anurag Kumar, attended by senior police officers, was held on Thursday to review preparations ahead of the planned demonstration.

Why CJP is planning the march

The CJP has called the march to protest the arrest of its leaders Saurav Das and Ashutosh Ranka and to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in voter rolls.

The party’s protest is centred on its allegations concerning the electoral roll revision process. These are the protesters’ claims and should not be treated as independently established findings.

With Jantar Mantar no longer designated as a protest site, Central Park in Connaught Place has emerged as the proposed location for the fresh demonstration. The protest has also received support from the Aam Aadmi Party and the All India Students’ Association, according to the report.

Traders raise concerns over business disruptions

The heightened security measures have also prompted concerns among traders in the area.

Traders at Palika Bazaar have expressed concern about disruptions during the festive season, pointing to losses associated with previous protests. The concerns reflect the potential impact of repeated demonstrations and security restrictions on commercial activity in central Delhi.

Delhi Police has said it will facilitate peaceful demonstrators selectively while maintaining public order and protecting property.

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Mallikarjun Kharge’s ‘Your Friends’ jab at Rahul Gandhi over congress exits

Congress president Mallikarjun Kharge took a dig at Rahul Gandhi after the Leader of the Opposition reportedly described former party leaders Jyotiraditya Scindia and Ghulam Nabi Azad as among those who had left the Congress.

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Congress president Mallikarjun Kharge made a pointed remark about former Congress leaders after Rahul Gandhi reportedly described some of those who left the party as people who had been driven by personal interests or fear. The exchange took place during an informal interaction involving young Congress workers, according to a report published on October 15.

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, reportedly referred to former Congress leaders Jyotiraditya Scindia and Ghulam Nabi Azad while discussing people who had left the party. Kharge responded with a quip that drew attention to Rahul Gandhi’s earlier association with the leaders.

What Rahul Gandhi said about leaders who left Congress

During the interaction, Rahul Gandhi reportedly said that the Congress was now left with committed workers, describing those who remained in the party as ‘babbar sher’ or lions. He alleged that people who were greedy or afraid had left, citing Scindia and Azad as examples.

His reported remarks referred to people who, he suggested, had left because of the attraction of positions and security or fear of investigative agencies such as the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

These were Rahul Gandhi’s political characterisations of the leaders who left the Congress, rather than independently established explanations for their departures.

Kharge’s response to Rahul Gandhi

Reacting to Rahul Gandhi’s account, Kharge remarked, “They were all your friends.”

The comment referred to the association Rahul Gandhi had previously shared with some of the leaders who later left the Congress. Rahul Gandhi responded by saying that his sister, Priyanka Gandhi Vadra, was present and knew that Scindia was not his friend.

He subsequently reflected on the difficulty of identifying friends and opponents in politics, saying that people who appear to be friends may not necessarily be so, and the reverse may also be true.

Why Jyotiraditya Scindia and Ghulam Nabi Azad were mentioned

Jyotiraditya Scindia left the Congress in 2020 and joined the Bharatiya Janata Party (BJP). His departure was followed by a political crisis in Madhya Pradesh that resulted in the fall of the Congress government led by Kamal Nath.

Ghulam Nabi Azad, a veteran Congress leader, resigned from the party in August 2022. In his resignation letter, he criticised Rahul Gandhi’s leadership and the functioning of the party’s internal decision-making process.

Both leaders subsequently became prominent examples in political discussions about senior figures leaving the Congress, although their reasons and circumstances differed.

Rahul Gandhi’s message to young Congress workers

The interaction also focused on protests and political mobilisation. Rahul Gandhi reportedly told young Congress workers that demonstrations and struggles were part of their political training and encouraged them to explore new and creative ways of protesting.

He also suggested holding protests at Jantar Mantar, according to the report.

Congress president Kharge and Priyanka Gandhi Vadra were present during the interaction. Rahul Gandhi also claimed that the government led by Prime Minister Narendra Modi was dependent on the next eight to 10 months, though the report did not establish this as an independently verified assessment.

The exchange between Kharge and Rahul Gandhi offered a glimpse into the Congress leadership’s informal discussions, while bringing the departures of Scindia and Azad back into the political conversation.

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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