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Rafale deal: Explain choice of offset partner, give us details of pricing in 10 days, SC tells govt

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Rafale Deal

The Narendra Modi government, which has so far focused on rhetoric rather than answer questions being raised about the controversial Indo-France Rafale deal, was told by the Supreme Court today (Wednesday, October 31) to submit within 10 days the details of pricing and the selection of Anil Ambani’s defence firm as Indian offset partner in a sealed cover.

It said these details should also be provided to the petitioners in the case. Otherwise, the Centre should file an affidavit – within these 10 days – to say that the pricing in the Rafale fighter jet deal between India and France is exclusive and cannot be shared with the court.

“Court would also like to be appraised about the pricing” of the aircraft, “particularly the advantages thereof”, a bench of Chief Justice of India Ranjan Gogoi and Justices UU Lalit and KM Joseph ordered.

“We would like the details of pricing and cost to be submitted to the Supreme Court in a sealed cover. This may be submitted in the next 10 days,” said the court.

The government argued that pricing was not revealed in Parliament and the earlier government had also not disclosed such details. Chief Justice Gogoi said the government could file an affidavit or legal document in court.

“If pricing is something exclusive and you are not sharing it with us, please file an affidavit and say so,” the bench told Attorney General KK Venugopal in its oral observations.

“Such details that may be considered strategic may not be furnished to the petitioners,” said the court.

Beginning the hearing, the judges made the observation that the suitability of the jet and its utility has not been questioned. “What had been questioned is the bonafide of the decision-making and price,” they said.

In the last hearing earlier this month, the court had asked the government to furnish details of the decision-making process that led to the deal which has Anil Ambani’s Reliance Defence as its offset partner, but had emphasized that it would not get into “pricing or suitability” of the jets. The bench had made clear that its direction to the Centre was issued to satisfy itself about the legitimacy of the decision-making process for procuring 36 Rafale fighter jets.

The directions were passed on October 10 on the two PILs filed by lawyers ML Sharma and Vineet Dhanda. The top court, however, had observed that the averments made in the two PILs were “grossly inadequate” and had said that it was not issuing the notice on them.

The Centre had, last week, filed the papers concerning the decision-making process with the Supreme Court’s registry in a sealed cover.

On Wednesday, as the SC bench, headed by Chief Justice Ranjan Gogoi and also comprising Justices UU Lalit and KM Joseph, began its proceedings in the two PILs filed over the Rafale Deal controversy – by petitioners ML Sharma, who has named Prime Minister Narendra Modi as the respondent in the case, and Vineet Dhanda – it noted that since the last date of hearing in the matter, two more litigations on the subject had been received by the court – one by former BJP leaders Arun Shourie, Yashwant Sinha and advocate Prashant Bhushan and the other by Aam Aadmi Party MP Sanjay Singh.

Sinha and Shourie – both former Union ministers – and Bhushan have sought registration of an FIR into the fighter jet deal between India and France alleging “criminal misconduct” by high public functionaries. The trio has also sought a direction to CBI to investigate the offences mentioned in their complaint in a “time-bound” manner and submit periodic status reports to the apex court.

AAP MP Sanjay Singh, in his separate plea filed through lawyer Dheeraj Kumar Singh, has sought setting up of a Special Investigation Team (SIT) under the supervision of the apex court to probe the Rafale deal.

He has sought that the SIT should probe the reasons for cancellation of earlier deal entered into by the UPA government for the purchase of 126 fighter jets.

On October 10, the bench had sought from the Attorney General the details of the steps involved in the decision leading to the new deal. The CJI led bench had then clarified that the details so sought would not cover the pricing or the suitability of the equipment for the Indian Air Force, bearing in mind the sensitive nature of the matter.

The Court also directed the government to hand over the details of the decision-making process of the deal to the petitioners.

The Attorney General objected to sharing of details of the deal including its pricing, by stating that it would be covered under the Official Secrets Act. Considering the objection, the Court said that whatever documents that could be legitimately produced in public domain should be given to the petitioners and all other documents covered under the Official Secrets Act should be given to the Court in a sealed cover.

So far, the court had not sought this detail from the Centre.

When Bhushan pressed for CBI probe, the CJI replied: “For CBI probe, you have to wait.”

The top court, which has now fixed the matter for hearing on November 14, said documents considered strategic and confidential may not be shared.

The PIL alleges that in the Rafale deal there is prima facie evidence of the commission of cognizable offences under the Prevention of Corruption Act by public servants occupying the highest of public offices in the country. Though the petitioners had filed a complaint on October 4 before the CBI alleging foul play in Rafale deal, no action has been taken.

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Cried over Gaza, not a word on Bangladesh: Yogi Adityanath attacks opposition in UP Assembly

Yogi Adityanath criticised the opposition in the UP Assembly, accusing them of selective outrage over Gaza while remaining silent on violence against Hindus in Bangladesh.

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Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath on Wednesday launched a sharp attack on the Opposition during proceedings in the State Assembly, accusing rival parties of indulging in selective outrage and appeasement politics while remaining silent on incidents involving Hindus in neighbouring countries, particularly Bangladesh.

Referring to recent incidents across the border, the Chief Minister said the Opposition raises its voice on international issues selectively but avoids speaking out when minorities, especially Hindus, are targeted in nearby nations.

“You shed tears over developments in Gaza, but not a single word comes out when a Dalit youth is killed in Bangladesh,” Adityanath said in the Assembly, alleging that such silence exposes the Opposition’s political priorities.

The Chief Minister further claimed that incidents of violence against Hindus would not have occurred had Pakistan and Bangladesh not been created, reiterating that issues are often viewed through the prism of vote bank politics. He said candle marches are organised for global events, but killings of Hindus in Pakistan or Bangladesh do not evoke similar responses.

Adityanath also called for a condemnation resolution in the Assembly, stating that it should ideally come from the Leader of the Opposition. He said such a resolution should clearly condemn the killing and convey a warning to the Bangladesh government.

Allegations over illegal immigration

Targeting the Opposition on the issue of illegal immigration, the Chief Minister alleged that they support Bangladeshi nationals and Rohingyas. He claimed that when authorities take action to expel illegal immigrants, Opposition leaders come out in their defence, alleging that many of them have been facilitated with voter registrations and Aadhaar cards.

Meanwhile, tensions between India and Bangladesh have been visible following recent developments. India summoned the Bangladesh High Commissioner for the second time in a week amid concerns arising from incidents in the neighbouring country.

The summons came in the backdrop of protests in Bangladesh following the killing of student leader Sharif Osman Hadi and the lynching of Dipu Chandra Das in separate incidents. Dipu Das, a 27-year-old youth from Mymensingh district, was beaten to death by a mob over alleged blasphemy on December 18, and his body was later set on fire, triggering widespread outrage.

The Interim Government of Bangladesh condemned the incident. Education Adviser C R Abrar visited the bereaved family on behalf of the government, expressed condolences, and assured them of financial and welfare assistance. The Office of the Chief Adviser also reiterated its resolve to protect all citizens and ensure justice in the case.

The killing has once again raised concerns at the international level over the safety and security of minorities in Bangladesh, with minority groups demanding strict action against those responsible.

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Jammu and Kashmir High Court rejects Mehbooba Mufti’s plea on undertrial prisoners, calls it politically motivated

The Jammu and Kashmir High Court has rejected Mehbooba Mufti’s PIL on undertrial prisoners, stating it was politically motivated and lacked factual basis.

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Mehbooba mufti

The Jammu and Kashmir High Court has dismissed a Public Interest Litigation (PIL) filed by People’s Democratic Party (PDP) president Mehbooba Mufti seeking the transfer of undertrial prisoners lodged in jails outside the Union Territory back to prisons within Jammu and Kashmir. The court termed the petition politically motivated, vague and unsupported by facts, observing that it was an attempt to derive political mileage rather than address a genuine public cause.

A bench headed by Chief Justice Arun Palli and Justice Rajnesh Oswal made it clear that public interest litigation cannot be used as a tool to advance political agendas or convert courts into platforms for electoral positioning.

Court says PIL cannot become a political platform

In its observations, the High Court said the plea appeared aimed at projecting the petitioner as a champion of justice for a specific section, rather than raising substantiated legal concerns. The bench underlined that while political parties are free to engage with voters through democratic means, the judiciary must remain insulated from political campaigns.

The court reiterated that PIL jurisdiction is meant to safeguard public interest and not to be misused for electoral gain or political leverage. It cautioned against attempts to draw the judiciary into political narratives.

Undertrials have legal remedies, says court

In the 15-page order passed on Tuesday, the High Court noted that the undertrial prisoners mentioned in the petition are already facing trial before competent courts. According to the bench, adequate judicial remedies are available to such undertrials to raise grievances related to their detention or place of incarceration.

The court further observed that the failure of the concerned undertrials to approach courts on their own indicated that they may not be genuinely aggrieved by their confinement in prisons outside the Union Territory.

No locus standi, petition dismissed

Dismissing the plea, the High Court held that Mehbooba Mufti was a third-party stranger to the cause and therefore lacked the locus standi to invoke the court’s jurisdiction in this matter. The petition was described as misconceived and was rejected accordingly.

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BJP raises seat offer to Eknath Shinde’s Shiv Sena to nearly 90 ahead of Mumbai civic polls, talks continue

The BJP has raised its seat offer to Eknath Shinde’s Shiv Sena to nearly 90 for the upcoming BMC elections, but fresh talks are needed as differences persist within the Mahayuti.

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With the Brihanmumbai Municipal Corporation (BMC) elections drawing closer, the seat-sharing tussle within the Mahayuti alliance continues, with the BJP increasing its offer to Eknath Shinde-led Shiv Sena but failing to reach the party’s expectations.

According to sources, the BJP has now proposed close to 90 seats for the Shinde faction in the upcoming Mumbai civic polls. This is a significant jump from its earlier offer of 52 seats but still falls short of what Shinde is seeking. The Shiv Sena leader has reportedly reduced his demand from an initial 125 seats to 112, yet remains dissatisfied with the latest formula.

Chief Minister Devendra Fadnavis is expected to hold another round of discussions with Shinde to break the deadlock. Sources indicate that the BJP is unlikely to stretch its offer much further, especially after its strong showing in recent statewide local body elections.

BJP firm after strong local poll performance

The BJP has emerged as the single largest party in the recent local polls, securing 117 municipal president posts. In comparison, the Shinde-led Shiv Sena won 53 posts, while Ajit Pawar’s faction of the NCP secured 37. These results have strengthened the BJP’s negotiating position ahead of the BMC elections.

However, the current seat-sharing calculations could change if Ajit Pawar decides to contest the Mumbai civic polls as part of the alliance. Senior NCP leader Sunil Tatkare confirmed that no final decision has been taken yet, noting that discussions with alliance partners are ongoing.

Nawab Malik factor complicates alliance talks

A major point of contention within the Mahayuti is the issue of senior NCP leader Nawab Malik, who is facing multiple corruption cases, including a money laundering case linked to underworld activities. While the alliance has made it clear that Malik is unacceptable as part of its Mumbai setup, Ajit Pawar is reportedly firm on backing him.

Mumbai BJP chief Ameet Satam has publicly stated that the party would not align with any group that includes Malik. Sources added that if the NCP joins the alliance in Mumbai, it may be asked to project a different leader and contest a limited number of seats.

BMC elections timeline

The countdown to the Brihanmumbai Municipal Corporation elections has already begun, with less than a month left for polling. Voting is scheduled for January 15, with counting set to take place the following day. A total of 2,869 municipal seats will be contested, including 227 seats in the BMC.

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