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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

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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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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