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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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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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Rahul Gandhi accuses Modi of foreign backing, BJP hits back with UK clip

Rahul Gandhi alleged that foreign forces helped Narendra Modi become Prime Minister and continue in power. The Congress leader also challenged Modi to an open debate, while the BJP responded by sharing an old video of his remarks during a UK visit.

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Rahul Gandhi

A fresh political confrontation has erupted between the Congress and the Bharatiya Janata Party (BJP) after Leader of Opposition Rahul Gandhi accused Prime Minister Narendra Modi of becoming and remaining in power with foreign assistance.

Gandhi also challenged the Prime Minister to an open debate on the issue, saying he was ready to face him on any platform and at any time.

The BJP responded by bringing up an old video of Gandhi from his visit to the United Kingdom, reviving the controversy surrounding his remarks about India’s democratic institutions and the role of foreign countries.

What Rahul Gandhi said about PM Modi

Gandhi’s remarks came in response to Modi’s recent comments targeting the Opposition during his address at the Rashtriya Ekta Diwas celebrations in Gujarat on October 31.

In a post on X on Monday, Gandhi accused the Prime Minister of relying on foreign support to attain and retain power.

“Mr Modi, stop lying to this nation. You became PM because of foreign help. You remain PM because of foreign help,” Gandhi wrote.

He further alleged that India’s financial system was fully controlled and supported by foreign entities and claimed that foreign social media platforms backed the Prime Minister.

The Congress leader also challenged Modi to discuss the allegations publicly.

“I challenge you to an open debate about this. Any stage, any time. Come if you have the guts,” he said, adding that the Prime Minister would not accept the challenge because of what Gandhi claimed to know about him.

Why PM Modi criticised the Opposition

Gandhi’s response followed Modi’s address at the Rashtriya Ekta Diwas event in Ekta Nagar, Gujarat, marking the 151st birth anniversary of Sardar Vallabhbhai Patel.

During his speech, the Prime Minister accused the Opposition of moving away from its democratic responsibility of questioning the government and instead becoming an obstructionist force.

Modi described the Opposition as an “Avrodh Paksh” rather than a “Virodh Paksh”, alleging that it was creating obstacles to the country’s development.

Without directly naming Gandhi, the Prime Minister also raised questions about the foreign visits of certain political leaders and their alleged connections with forces opposed to India.

“Who is secretly meeting whom abroad? Whom are the anti-India forces supporting? Who is speaking the language of India’s enemies?” Modi asked.

He also expressed concern over the use of social media to spread rumours and attempts to damage India’s image.

BJP brings back Rahul Gandhi’s old UK remarks

The BJP responded to Gandhi’s allegations by sharing an old video from his UK visit, bringing attention back to his earlier comments about India’s democratic institutions and the involvement of foreign countries.

During an interaction at Chatham House in London in March 2023, Gandhi had alleged that several Indian institutions, including the Press, judiciary, Parliament and Election Commission, were under threat.

He had also questioned why Europe and the United States were not doing enough to raise concerns about what he described as threats to democracy in India.

The remarks had triggered a political controversy at the time, with the BJP accusing Gandhi of seeking foreign intervention in India’s internal affairs.

BJP leaders had demanded an apology from the Congress leader over his comments during the UK visit.

The resurfacing of the old video has brought those earlier remarks back into the political debate as the Congress and BJP trade accusations over alleged foreign backing.

Political confrontation intensifies

The latest exchange comes amid an ongoing confrontation between the ruling BJP and the Opposition over several issues, including allegations of electoral irregularities and the role of constitutional institutions.

Gandhi’s challenge to Modi for an open debate has added another dimension to the political dispute, with both parties questioning each other’s alleged connections with foreign forces.

While Gandhi has accused the Prime Minister of benefiting from foreign support, the BJP has repeatedly questioned the Congress leader’s overseas remarks and alleged attempts to involve foreign countries in India’s internal political matters.

Neither side’s allegations about foreign backing should be treated as established facts without supporting evidence.

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