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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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Rahul Gandhi attacks CEC Gyanesh Kumar, says vote chori leads to kanoon chori

Rahul Gandhi accused the Election Commission of failing to protect voters and linked his “vote chori” allegation to what he called “kanoon chori”.

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Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday launched a fresh attack on Chief Election Commissioner Gyanesh Kumar and the Narendra Modi government, alleging irregularities in India’s electoral process.

Addressing a press conference in Delhi, Mr Gandhi linked his earlier allegations of “vote chori” with what he described as “kanoon chori”, arguing that alleged manipulation of votes would have consequences for the country’s law-making and institutional systems.

“From vote chori comes kanoon chori,” Mr Gandhi said, arguing that if votes had been stolen, laws and institutional changes made by lawmakers elected through those votes would also be affected.

Rahul Gandhi attacks Gyanesh Kumar

Mr Gandhi specifically targeted Chief Election Commissioner Gyanesh Kumar and questioned the Election Commission’s handling of the electoral process.

His remarks came amid reports of differences within the poll body over the Special Intensive Revision (SIR) exercise. Mr Gandhi referred to reported concerns involving the Election Commission and alleged that questions raised about the functioning of the poll panel had not been adequately addressed.

He also alleged that the Election Commission had failed in its responsibility to protect the vote, which he described as the foundation of India’s democratic and constitutional system.

‘Vote chori’ claim

Mr Gandhi reiterated his allegations of irregularities in elections and said the issue went beyond individual voters.

He argued that the vote gives power to the Constitution, while the Constitution provides the basis for laws and institutions. On that basis, he said alleged destruction of the voting process would have wider consequences for the country’s constitutional system.

Mr Gandhi also questioned what he described as the disappearance of anti-incumbency in elections involving the BJP, comparing recent electoral outcomes with earlier political trends.

He alleged that the 2024 Lok Sabha and Assembly elections had been manipulated. These remain allegations made by Mr Gandhi and should not be presented as established facts.

Attack on Modi and Amit Shah

During the press conference, Mr Gandhi also targeted Prime Minister Narendra Modi and Union Home Minister Amit Shah while making his allegations about the electoral process.

He questioned the role of the Election Commission and its leadership, and called for accountability over what he described as irregularities affecting India’s voting system.

Mr Gandhi said he was presenting evidence for his allegations and maintained that the issue concerned not only elections but also the functioning of democratic institutions.

The Election Commission’s reported internal differences over the SIR exercise formed part of the backdrop to his remarks. The claims made by Mr Gandhi concern his interpretation of those developments and are distinct from established findings about election manipulation.

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BJP hits back at opposition over EC row, says disagreement is democracy

The BJP has defended reported differences among Election Commissioners, saying internal deliberations are part of a healthy democratic process.

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The BJP has defended the Election Commission amid a political row over reported differences among Election Commissioners concerning decisions linked to the Special Intensive Revision (SIR) of electoral rolls.

BJP MP Sambit Patra said discussions and exchanges of views within the poll panel should be seen as part of the democratic process rather than as evidence of institutional dysfunction.

According to the BJP’s position, disagreement during official deliberations reflects the fact that members of an institution are able to put forward their views before decisions are taken.

BJP defends EC deliberations

Patra said that if the three Election Commissioners discuss and debate issues among themselves, such exchanges should not be characterised as dictatorship. He described such deliberations as a sign of a healthy democracy.

The BJP’s response came amid reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on multiple occasions over decisions and orders associated with the SIR exercise and electoral rolls.

The Election Commission has said that differences in views and observations are a normal part of deliberations within an institution. It has maintained that decisions, including those related to SIR, were taken unanimously.

Row centres on SIR process

The controversy comes against the backdrop of the ongoing political debate over the Special Intensive Revision of electoral rolls.

Opposition parties have raised concerns over the reported differences within the poll panel, while the BJP has sought to counter those arguments by pointing to the role of discussion and deliberation in institutional decision-making.

Patra also said the BJP’s understanding of the matter was based on media reports rather than access to the Election Commission’s internal documents. He said the documents, as reported, indicated that the SIR process was finalised after democratic deliberations and consensus.

What the Election Commission has said

The Election Commission has rejected the suggestion that the reported objections indicate a breakdown in its functioning.

It has maintained that differing opinions during deliberations are part of normal institutional functioning and that the decisions eventually taken by the commission were unanimous.

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Asaduddin Owaisi offers Opposition alliance in UP, sets October 2 deadline

AIMIM chief Asaduddin Owaisi offered an alliance to Opposition parties in Uttar Pradesh ahead of the 2027 Assembly election and set October 2 as a deadline for a response.

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Asaduddin Owaisi

AIMIM chief Asaduddin Owaisi has offered to join hands with Opposition parties in Uttar Pradesh ahead of the 2027 Assembly election, saying his party is willing to work with those seeking to prevent the BJP from returning to power in the state.

Speaking at a public rally in Kanpur, Owaisi said the AIMIM would wait until October 2 for a response from Opposition parties before announcing any possible political alliance.

At the rally held at the Babupurwa Idgah ground in Kanpur’s cantonment area, Owaisi said the AIMIM did not want the BJP to form the government in Uttar Pradesh for a third time.

He invited parties seeking to prevent the BJP from returning to power to join hands with the AIMIM.

Owaisi targets Samajwadi Party

While making the alliance offer, Owaisi also criticised the Samajwadi Party and its chief Akhilesh Yadav.

Referring to the 2013 Muzaffarnagar riots, Owaisi questioned the record of the Samajwadi Party government during that period. He said around 50,000 people were displaced from their homes and villages during the riots.

Owaisi also alleged that political parties, including the Samajwadi Party, had failed to adequately address the social, economic and educational concerns of Muslims and had not provided sufficient political representation.

He said Muslims in Uttar Pradesh needed a political voice and urged voters to strengthen the AIMIM’s presence in the state Assembly.

AIMIM’s earlier alliance offer in Bihar

Owaisi also referred to the AIMIM’s earlier alliance proposal in Bihar ahead of the Assembly polls.

According to Owaisi, his party had offered to contest six seats as part of an alliance, but the proposal was not accepted. He alleged that “false allegations” were subsequently made against the AIMIM.

Opposition parties have previously accused Owaisi and the AIMIM of benefiting the BJP by dividing Muslim votes. Owaisi has rejected those allegations and has accused Opposition parties of fielding candidates who are unacceptable to minorities.

The latest alliance proposal comes ahead of the 2027 Uttar Pradesh Assembly election, with Owaisi setting October 2 as the date by which he expects a response from Opposition parties.

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