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Rafale deal: Supreme Court dismisses petitions seeking probe

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Friday, Dec 14) threw out all petitions seeking a probe into alleged irregularities in the Rafale aircraft deal between the Indian government and France’s Dassault Aviation.

The deal relates to the purchase of 36 fighter aircraft for an estimated Rs 580 billion.

“There is no occasion to doubt the decision-making process in Rafale deal,” the Court said. Further, the court said the country needs fighter aircraft and that dealing with the pricing details of Rafale fighter jets was not its job.

The court said there won’t be any probe into the pricing or the decision-making process.

Noting that there was a need for induction of fourth- and fifth-generation fighter aircraft like Rafale in the Indian Air Force fleet, the court questioned why nobody protested the procurement of the jets when the deal was finalised in September 2016.

Practically giving a clean chit to the Narendra Modi government in the Rafale deal, the court said: “We find no reasons to interfere in procurement process for 36 Rafale fighter jets from France.”

The court also said that it could not “compel the government to procure 126 or 36 fighter jets” and that it totally depended on the government’s decision.

The Supreme Court bench headed by Chief Justice Ranjan Gogoi and comprising Justices Sanjay Kishan Kaul and KM Joseph said, “Our country can’t afford to be unprepared in matters of fighter aircrafts… We can’t go into the into wisdom of purchasing 36 aircrafts in place of over 126 aircrafts under the last deal.”

“We find no reason to intervene in the defence deal”, the CJI said while dismissing the petitions.

On the issue of the offset partner, the Supreme Court said there was no substantial evidence of commercial favouritism done to any private entity.

 

The apex court bench said, “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 Govt as the option to choose the IOP (Indian Offset Partner) does not vest with the Indian Government.”

The court, in its 29-page judgment, said: “Perception of individuals cannot be the basis of a fishing and roving enquiry by this Court, especially in such matters.”

The unanimous verdict said the court had also “closely” examined the price details including that of basic aircraft along with escalation costs. It said the government had claimed there was a commercial advantage in the deal for 36 jets and some better terms in deal qua weapons package and maintenance.

The bench added: “It is certainly not the job of this court to carry out a comparison of the pricing details in matters like the present”. The court said it was not saying anything more on the question of pricing as the details had to be kept confidential.

The bench also said, “It will not be correct for the court to sit as an appellate authority to scrutinise each aspect of the process of acquisition.”

On offsets, the court said it was “neither appropriate nor within the experience” of the court “to step into an arena of what is technically feasible”.

At the last hearing, the SC had even summoned senior Indian Air Force officials for the hearing that went on for nearly six hours. The government had submitted details of how it decided to buy 36 fighter jets from French defence manufacturer Dassault at Rs. 59,000 crore, to the top court and petitioners who have asked for an investigation into the deal. The pricing details, which the centre said were classified, were also submitted in a sealed cover to the court.

During the hearing, the government through its top law officer Attorney General KK Venugopal even questioned the court’s competence to judicially review the aircraft deal and said it was for experts to deal with it.

After the bench asked for assistance, senior IAF officials were brought in to answer questions. They told the court that Sukhoi 30s were the latest to be inducted which is a third generation aircraft and added that they do 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” At that point, the AG told the court that if “Rafale had been during the Kargil war, we could have avoided huge casualties as the fighter jet is capable of hitting targets from 60 km.

The opposition Congress has been accusing massive irregularities in the deal, alleging that the government was procuring each aircraft at a cost of over Rs 1,670 crore as against Rs 526 crore finalised by the UPA government.

The main contention of the petitioners was that Prime Minister Narendra Modi announced the deal in April 2015, without following the Defence Procurement Procedure. It was argued that the negotiations for the deal started after the PM announced the deal and approval of the Cabinet Committee was obtained almost a year after the announcement. The prices of aircraft were highly inflated in the new deal, and offset guidelines were manipulated to accommodate Anil Ambani firm Reliance Defence, which had no experience in the sector.

Four petitions challenging the deal were filed in the apex court – two by lawyers M L Sharma and Vineet Dhanda, one by Aam Aadmi Party leader Sanjay Singh and the fourth by former union ministers Yashwant Sinha, Arun Shourie and advocate Prashant Bhushan.

The court had reserved its verdict in the matter on November 14 after hearing extensive arguments.

Reliance Group Chairman Anil Ambani on Friday welcomed the Supreme Court order on the multi-billion dollar Rafale jet deal, saying it established the falsity of politically motivated allegations against his firm.

“I welcome the judgment of the Hon’ble Supreme Court today summarily dismissing all PILs filed on the Rafale contracts, and conclusively establishing the complete falsity of the wild, baseless and politically motivated allegations levelled against Reliance Group and me personally,” Ambani said in a statement.

An elated BJP launched an attack on the Congress, especially Rahul Gandhi, for making “false allegations” against PM Narendra Modi.

BJP President Amit Shah tweeted: “Truth always triumphs! Court’s judgment on the Rafale deal exposes the campaign of misinformation spearheaded by Congress President for political gains. The court didn’t find anything wrong with the process nor did it find any commercial favouritism in the deal.”

He also questioned the “motive” behind the allegations: “… SC held that govt had no role in selecting offset partners & found no merit in the demand for a probe based on mere perception of individuals. It therefore raises obvious questions on the motive of those working to discredit the deal, which is important for India.”[/vc_column_text][/vc_column][/vc_row]

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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