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Rafale deal: Cong accuses PM Modi of misusing office, causing loss to exchequer, demands FIR

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Rafale deal

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The Congress today (Wednesday, March 6) accused Prime Minister Narendra Modi of misusing his office in Rafale deal negotiations to benefit Dassault Aviation and said that a case under the prevention of corruption law is made out against him.

The party’s chief spokesperson Randeep Singh Surjewala told reporters that the Indian Negotiating Team (INT) to finalise the purchase of the fighter aircraft was sidelined and National Security Advisor (NSA) Ajit Doval finalised the negotiation at the behest of the Prime Minister’s Office (PMO).

The government has rejected the Congress’s charge of corruption in the deal and the ruling BJP has been accusing it of spreading lies to target it.

Surjewala claimed the government bought the fighter aircraft at a much higher rate than what was negotiated by the UPA and also waived bank guarantee.

The Congress allegations came after a report in The Hindu cited documents to say that no bank guarantees in the Rafale deal negotiated by the Modi government made it more expensive.

The government’s claim of buying the 36 aircraft at Rs 59,000 crore is wrong and the INT has put the figure at Rs 64,000 crore, Surjewala claimed, accusing the government of misleading Parliament.

The statement put out by the Congress said the price of 36 Rafale aircraft in the deal finalised by Modi government is far more than the deal for 126 Rafale aircraft that was being negotiated under Congress-UPA Govt.

Alleging that PM Modi misled the Parliament, the statement said the price of 36 Rafale aircraft is €8460 Million (₹63,450  Cr  |  1€=₹75) by Indian Negotiating Team’s (INT) own admission and not €7890 Million (₹59,175 Cr), as claimed by the Modi government, the Congress said.

Further, said the Opposition party, the price of even €8460 Million (₹63,450 Cr) is not the final price of 36 Rafales as it merely takes into account an annual escalation rate (inflation rate) of 1.22% for a period of 5.75 years to arrive at this figure. If the rate climbs higher, India will have to pay even more, the Congress alleged.

The Congress said the Modi government also “deliberately” concealed “the fact that 36 Rafale  aircrafts (sic) would be delivered in 10 years, as per INT and not 5.75 years…”

The Congress said PM Modi did away with ‘Bank Guarantee’ condition to cause a loss to the exchequer.

Moreover, said the Congress, “Neither was the cost of ‘India Specific Enhancements’ included, nor was the cost of ‘Transfer of Technology’ added.”

The Congress said PM  Modi did  away  with the condition  of ‘Bank Guarantee’ to  benefit Dassault  Aviation,  despite  the  written  opposition  of the  Law  Ministry, the Finance Ministry and the Defence Ministry. The UPA deal for 126 Aircrafts UPA deal included a ‘Bank Guarantee’ of  €574 Million (₹4305 Cr), but this is missing in the 36 aircraft’s deal. Even the CAG Report admitted that this €574 Million (₹4305 Cr) was a direct benefit to Dassault Aviation.

Coming to the cost of ‘India Specific Enhancements’ worth €1,300 Million (₹9750  Cr), the Congress said this was also not added to the price of 36  aircraft.

In the 126 Rafale aircraft being purchased by Congress-UPA Govt, cost of ‘India Specific Enhancements’ was €11.11 Million (₹83.32  Cr) per  aircraft, Surjewala said. “Shockingly,  despite  the  same  specifications,  cost  of ‘India  Specific  Enhancements’ in  the  36 Rafale aircrafts purchased by Modi Govt went up by 350%  i.e €36.11 (₹270.8Cr) per aircraft,” he said.

Contending that the most expensive component of every defence deal is ‘Transfer of Technology’, Surjewala said that this was missing during the 36 Rafale aircraft purchase. “How can the price of 36 Rafale aircrafts be then higher?” Surjewala asked.

The Congress said that PM Modi held “direct negotiations” to buy the 36 Rafale aircraft, bypassing the INT. It said that the  final  negotiations  were  held  in  France by NSA Ajit Doval on 12th and  13th January,  2016  and  the  final  agreement  was  consequently  signed  on  13th January, 2016.

Alleging that “it is undoubtedly established that Shri Modi misused his office as Prime Minister to  grant undue benefit to Dassault Aviation and caused a loss to public exchequer”, the Congress said this was “a clear cut case”  under the Prevention  of  Corruption  Act and different provisions of Indian  Penal Code.

“Time  has  now  come  to  register  an  FIR  against  PM  Modi and every other individual so that a time-bound investigation takes place in this entire sage of Rafale Corruption reaching the highest echelons of power,” said Surjewala.

Statement Issued by Shri Randeep Singh Surjewala, In-Charge, Communications, AICC

Blatant Loot of Public Money in the Rafale Scam exposed!

Responsibility lies at the door steps of PM Modi. Case should be registered under Prevention of Corruption Act

The report of the Indian Negotiation Team (INT) is now in public domain. It is now crystal clear that the Prime  Minister,  Shri  Narendra  Modi misled the  Parliament  and duped  the  country  to  cover  up the murky  dealings and  blatant corruption, besides, squandering away National Security interests. This conspiracy has now been uncovered.

  1. Price of 36 Rafale Aircrafts is far more than 126 Rafale aircrafts under Congress-UPA Govt. PM Modi misled the Parliament and his Govt looted the nation’s treasury.

Price of 36 Rafale Aircrafts is €8460 Million (₹63,450  Cr  |  1€=₹75) by INT’s own admission and not €7890 Million (₹59,175 Cr), as is being claimed by a fraudulent Modi Government.

There is another dimension to the brazen loot – even €8460 Million (₹63,450 Cr) is not the final price of 36 Rafales as it merely takes into account an annual escalation rate (inflation rate) of1.22% for a period of 5.75 years to arrive at this figure.

However, Modi Govt has surreptitiously hidden the fact that if the escalation rate (inflation rate) in France climbs upto 3.5%, then the Indian Government will be forced to pay  3.5%  more price annually.

The fact  that  36  Rafale  aircrafts  would  be delivered  in  10 years,  as  per INT and not 5.75 years was also deliberately hidden. Even if inflation rate of 1.22% is considered for 10 years, still by then, the price will cross €9,000 Million(₹67,500 Cr).

  1. PM Modi did away with ‘Bank Guarantee’ condition to cause a loss to the exchequer. Neither was the cost of ‘India Specific Enhancements’ included, nor was the cost of ‘Transfer of Technology’ added.
  2. 126 Aircrafts UPA deal included a ‘Bank Guarantee’of €574 Million(₹4305 Cr). Same is missing in the 36 aircraft’s deal. Even the CAG Report admitted that this €574 Million(₹4305 Cr) was a direct benefit to Dassault Aviation. In the Cabinet Committee on  Security,  PM  Modi did  away  with the condition  of ‘Bank Guarantee’ to  benefit Dassault  Aviation,  despite  the  written  opposition  of the  Law  Ministry, the Finance Ministry and the Defence Ministry.
  3. Cost of ‘India Specific Enhancements’ worth €1,300 Million. (₹9750 Cr)  was  not  added  to  the price  of  36  aircrafts. Let  it  be  noted  that  in  the  126  Rafale  aircrafts  being  purchased  by  Congress-UPA  Govt,  cost  of ‘India  Specific  Enhancements’ was €11.11 Million (₹83.32  Cr) per  aircraft.

Shockingly,  despite  the  same  specifications,  cost  of ‘India  Specific  Enhancements’ in  the  36 Rafale aircrafts purchased by Modi Govt went up by 350%  i.e €36.11 (₹270.8Cr) per aircraft.

III. ‘Transfer of Technology’ is the most expensive component of every defence deal.  The INT noted that ‘Transfer of Technology’ formed part of price of 126 aircrafts during UPA-Congress purchase and the same was missing during the 36 Rafale aircraft purchase. How can the price of 36 Rafale aircrafts be then higher?

This  means  the  country willpay €10,300 Million for  36  Rafale  aircrafts  under  PM  Modi’s  deal. (₹77,250 Cr) [€9000 Million + €1300 Million]

  1. Bypassing the INT, PM Modi held ‘direct negotiations’ to buy 36 Rafale aircrafts. Proceedings of INT  now  establish  that  the  final  negotiations  were  held  in  France  by  NSA, Shri Ajit Doval  on  12th  and  13th January,  2016  and  the  final  agreement  was  consequently  signed  on  13th January, 2016. This conclusively nails Modi Govt’s white lie!

Responsibility for negotiating the 36 Rafale Aircrafts purchase was that of the ‘Indian Negotiating Team’ (INT)  constituted  by  Ministry  of  Defence  on  12th  May,  2015. But  PM  Modi  was  indulging  in ‘direct negotiation’ with the French, which weakened the credibility of the INT.

Firstly,  PMO  was  holding ‘parallel negotiations’ bypassing the INT, as recorded by none less than the Defence Secretary, Government of India on file on 24.11.2015.But Paragraph 11 of the file notings of the INT clearly states that NSA, Shri Ajit Doval was holding ‘final negotiations’ (on behalf of PM Modi) on 12th& 13th January, 2016 in Paris, France, on the basis of which a decision to purchase 36 Rafale jets was finally sealed on 13thJanuary 2016.

Shri  Doval  was  not part  of  the  Indian Negotiation Team  (INT) and  was  not  even authorized by  the Cabinet Committee on Security  for  the  same. Simple  question  is,  how  is  it  the  domain  of  NSA  to negotiate  and  finalise  a Fighter  Aircrafts  purchase  deal?  Obviously,  the  PMO and  the  NSA  were doing so under direct instructions of PM, Shri Narendra Modi.

It  is  now  crystal  clear  that  blatant  and  massive  corruption  has  taken  place in  the  Rafale  deal. It is undoubtedly established that Shri Modi misused his office as  Prime Minister to  grant undue benefit to Dassault Aviation and caused a loss to public exchequer. This  is  a  clear cut case  under Section  13  (1)  (d)  of  the Prevention  of  Corruption  Act,  1988  and different  provisions  of Indian  Penal  Code. Time  has  now  come  to  register  an  FIR  against  PM  Modi and every other individual so that a time-bound investigation takes place in this entire sage of Rafale Corruption reaching the highest echelons of power.

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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Supreme Court grants interim relief to Rahul Gandhi in defamation case over remarks against Amit Shah

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Rahul Gandhi talking to a family of a patient outside AIIMS during a cold night.

In a significant legal development, the Supreme Court of India has granted interim relief to Congress leader Rahul Gandhi by staying the defamation proceedings against him in a Jharkhand court. The case, which dates back to 2018, revolves around allegedly derogatory remarks made by Gandhi about Union Minister Amit Shah, who was then serving as the president of the Bharatiya Janata Party (BJP).

A bench comprising Justices Vikram Nath and Sandeep Mehta passed the order while hearing a petition filed by Gandhi seeking to quash the defamation case. The court has issued notices to both the Jharkhand government and Naveen Jha, a BJP worker who had filed the complaint, directing them to submit their responses within four weeks.

In his arguments, Senior Advocate Dr. Abhishek Manu Singhvi, representing Rahul Gandhi, pointed out previous rulings where it was made clear that only the aggrieved party can file a criminal defamation complaint. Singhvi argued that the complaint, in this case, had been filed by a proxy third party and thus should not be entertained.

The defamation case against Gandhi had been under trial in the MP/MLA court in Chaibasa, Jharkhand. In February of the previous year, the lower court had issued a non-bailable warrant for his appearance after he failed to attend hearings. Despite Gandhi’s request for exemption from physical appearance, the court had refused to provide relief, prompting him to approach the Jharkhand High Court. However, the high court had declined to interfere in the matter, leaving Gandhi with no option but to challenge the case in the Supreme Court.

The top court’s intervention has now provided a temporary reprieve to Gandhi, with the matter scheduled to be taken up for further hearing in six weeks. This development marks an important chapter in the ongoing legal battle involving the Congress leader and the BJP.

As the case progresses, the outcome could have significant implications not only for Rahul Gandhi but also for the broader political landscape in the country, as defamation lawsuits continue to be a contentious issue in Indian politics.

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