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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

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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