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Rafale deal: SC rejects Modi govt objections, accepts ‘stolen’ documents as evidence

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Rafale Deal

[vc_row][vc_column][vc_column_text]Prime Minister Narendra Modi’s claims of a Supreme Court clean chit on Rafale deal turned out to be bluster without basis as the top court today (Wednesday, April 10), rejected the Centre’s objections about the admissibility of certain documents that review petitioners claim have details the government had not revealed to the court.

The documents, which the government first claimed were “stolen” and then said “were leaked”, broadly relate to disparity in pricing details of the 36 jets deal, objections raised by the Indian negotiating team about parallel negotiations conducted by the Prime Minister’s Office, among others.

The Centre has contended that the documents were “sensitive to national security” and their “unauthorised photocopying and leakage” constituted “penal offences under the Indian Penal Code including theft”.

In a unanimous verdict, the three-judge bench headed by Chief Justice Ranjan Gogoi, Justices SK Kaul and KM Joseph said it would now go ahead with the hearing of review petitions in the light of new documents cited by petitioners alleging wrongdoing in the Rafale deal and seeking review of its December 14, 2018 judgment. The court will shortly fix a date to start detailed hearing on the review petitions, agencies reported.

The bench had on December 14, 2018, dismissed petitions seeking a court-monitored probe into the purchase of the jets from France finding “no occasion to doubt the (decision making) process” leading to the award of the contract and said there was no material to show that the government had favoured anyone commercially.

The petitioners had sought a review of the judgment, saying the court had relied on “patently incorrect” claims made by the government in its note submitted in a sealed cover to the bench, which heard the original petition. They claimed that more information had come to light subsequently and not considering them would result in grave miscarriage of justice.

The bench had on March 14 reserved its decision after hearing the Centre and the petitioners, former Union Ministers Yashwant Sinha and Arun Shourie, on the question of admissibility of these documents.

Attorney General KK Venugopal submitted that the review petitions were based on “stolen” Rafale documents which are not admissible in evidence. Appearing for the Centre, he had stated that the documents were unauthorisedly photocopied and leaked and that they also enjoyed protection under the Official Secrets Act, 1923. The government also sought their removal from the record of the case, saying they were of sensitive nature and their going public could jeopardise national security.

Rejecting these arguments, Chief Justice Gogoi, reading out the operative portion of the judgment that he and Justice Kaul wrote, said: “We deem it proper to dismiss the preliminary objections to hold and affirm that the review petitions will be adjudicated on their merits on the basis of the relevance of the three documents whose admissibility was questioned by the respondents (government).”

Justice KM Joseph has also concurred with them in a separate judgment. The chief justice said Justice Joseph agreed with the judgment delivered by him but gave different reasoning.

The judgment makes it clear that during the hearing of the review petition the bench will look into not only the question of pricing of the jet but also the selection of Indian offset partner of Dassault which manufactures Rafale.

The dates of hearing the review petitions will be fixed later, the CJI said.

Reacting to the order, Arun Shourie, who filed the review plea said, “We are delighted it is a unanimous verdict dismissing Central government’s peculiar argument on the admissibility of documents. Centre’s argument meant no wrong can be done in the defence deal,” reported news agency PTI.

The Congress said that the prime minister was left with no place to hide. “Modiji, you can run and lie as much as you want but sooner or later the truth comes out. The skeletons in Rafale scam are tumbling out one by one. And now there is ‘no official secrets act’ to hide behind,” Congress’ chief spokesperson Randeep Surjewala said.

“SC has upheld a time honoured legal principle; A rattled Modiji had threatened to invoke Official Secrets Act against independent journalists for exposing his corruption on Rafale. Don’t worry Modiji, an investigation is going to take place now, whether you like it or not,” he said in a series of tweets.

The BSP leader Mayawati  sought the PM’s apology for misleading parliament over the Rafale affair. “PM Modi’s efforts to hide massive problems and corruption under the Rafale scheme in the name of national security have failed. The BJP government has been cornered in the Supreme Court. For his continuous lies inside and outside the Parliament to mislead the nation, PM Modi should apologise and the defence minister should resign,” she said.

CPM leader Sitaram Yechury said: “Modi and his govt have compromised national security for corruption & cronyism in an important defence deal. They tried to evade accountability, denied a JPC, hid price from CAG, tried to first mislead, then stall any hearing in Supreme Court. Important that culprits are booked.”[/vc_column_text][/vc_column][/vc_row]

India News

Meta to face Indian parliamentary panel over Zuckerberg’s election remarks

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Mark Zuckerberg

Social media giant Meta will soon be summoned by India’s Parliamentary Standing Committee on Communication and Information Technology over CEO Mark Zuckerberg’s comments regarding the 2024 Indian general election. Nishikant Dubey, BJP MP and chairman of the panel, stated that Meta would be held accountable for allegedly spreading misinformation.

“Misinformation in a democratic country damages its image. The organization must apologize to the Parliament and the people for this mistake,” Dubey said in a post on X.

Zuckerberg, during a January 10 podcast, referred to the global erosion of trust in governments post-Covid. He claimed that in 2024, major elections worldwide, including India’s, saw incumbents losing power, linking this trend to factors such as inflation, economic policies, and pandemic handling.

The statement was swiftly fact-checked by Union Minister Ashwini Vaishnaw, who clarified that India’s 2024 general elections reaffirmed public trust in the NDA led by Prime Minister Narendra Modi.

“As the world’s largest democracy, India conducted its 2024 elections with over 640 million voters. People reaffirmed their trust in the NDA under PM Modi’s leadership. Zuckerberg’s claim is factually incorrect,” Vaishnaw posted on X.

He also highlighted Modi’s governance during Covid, emphasizing free food for 800 million citizens, 2.2 billion free vaccines, and economic recovery efforts that positioned India as a fast-growing economy. Vaishnaw expressed disappointment in Meta for allowing such misinformation, urging the platform to prioritize factual reporting.

While the BJP saw a slight dip in seats during the 2024 elections, the NDA comfortably retained power with its allies’ support. This marked Modi’s historic third consecutive term as Prime Minister, making him only the second Indian leader after Jawaharlal Nehru to achieve this milestone.

The controversy surrounding Zuckerberg’s remarks underscores the growing scrutiny of social media platforms in influencing political discourse and the need for accountability in the digital space.

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India News

Army vehicle accident in J&K claims two soldiers’ lives, two others injured

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Two soldiers were tragically killed and two others injured when an Army vehicle skidded off the road and plunged into a gorge in Jammu and Kashmir’s Bandipora district on Saturday.

The accident took place near the SK Payen area, leaving the soldiers with serious injuries. The injured personnel were promptly rushed to a nearby hospital for treatment, while the loss of the two soldiers has left the entire region in mourning.

This unfortunate incident follows another similar tragedy that occurred just a month ago in Poonch. In that accident, five soldiers lost their lives, and five others were injured when their truck fell into a 300-foot gorge. The Army’s White Knight Corps paid tribute to the fallen soldiers, sharing a statement on social media expressing their deepest condolences for the “brave soldiers” who had been serving on operational duty in the Poonch sector.

The latest loss has drawn widespread expressions of grief from political leaders. Jammu and Kashmir Chief Minister Omar Abdullah expressed his sorrow, while Congress leader Rahul Gandhi offered his heartfelt tributes to the martyrs. He also wished for a swift recovery for the injured soldiers and extended his deepest condolences to their grieving families.

These two incidents highlight the ongoing risks faced by soldiers in the line of duty, and the sacrifices made in protecting the nation. Authorities are continuing their investigation into the cause of the accident, while the military community comes together to mourn the tragic losses.

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India News

Aligarh man’s journey ends in arrest as Pakistani woman declines marriage proposal

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India-Pakistan International Border

A 30-year-old Indian man, Badal Babu, from Uttar Pradesh’s Aligarh district, is in judicial custody in Pakistan after illegally crossing the border to meet his Facebook friend, only to be rejected. The woman, identified as 21-year-old Sana Rani, told authorities she has no interest in marrying him.

The arrest took place in Mandi Bahauddin, a district in Pakistan’s Punjab province, roughly 240 kilometers from Lahore. Babu was detained under sections 13 and 14 of Pakistan’s Foreign Act for entering the country without proper documentation.

A Facebook friendship turns sour

According to Punjab police officer Nasir Shah, the duo had been friends on Facebook for over two and a half years. Babu, in love with Rani, decided to cross the border illegally to propose. However, Rani’s statement to the police made it clear she had no intention of marrying him.

Shah added, “Babu crossed into Pakistan illegally and reached Maung village, where he was apprehended. Whether he met Rani in person remains unclear.”

Family under scrutiny

Reports suggest that intelligence officials questioned Rani and her family about her relationship with Babu. Although there is speculation that Rani may have given her statement under duress, this remains unconfirmed.

Legal proceedings begin

Babu, who narrated his “love story” to authorities, was presented in court, which placed him in judicial custody for 14 days. His next hearing is scheduled for January 10.

A familiar tale across borders

Babu’s story echoes previous cross-border romances fostered through social media or online games.

  • In a widely publicized case, Indian woman Anju traveled to Pakistan to marry Nasrullah, converting to Islam before tying the knot.
  • Similarly, Seema Haider, a Pakistani woman, crossed into India via Nepal to marry her PUBG friend after bringing her four children along.
  • Last year, 19-year-old Pakistani girl Iqra Jiwani married Indian national Mulayam Singh Yadav in Nepal after meeting him online.

While these cases highlight the unifying power of social media, they also underscore the legal and personal challenges of navigating cross-border relationships.

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