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Rafale deal: Latest expose puts Modi govt in dock again; Def Min’s reply raises more questions

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Rafale deal

[vc_row][vc_column][vc_column_text]A day after Prime Minister Narendra Modi lampooned Congress leadership on defence deals, alleging they wanted the Rafale deal scrapped as they did not want Indian Air Force to be strong, the issue blew up in his face once again.

A report in The Hindu today (Friday, Feb 8) said the defence ministry had objected to “parallel negotiations” being carried out by Prime Minister’s Office (PMO) with the French government for purchase of the fighter aircraft.

This provided fresh ammunition for Congress president Rahul Gandhi to launch a fresh attack on the government. Reiterating the ‘chowkidar chor hai’ barb, he said the PMO was directly involved in negotiations with the French on the Rafale deal and Prime Minister Narendra Modi was guilty in the scam.

It is an open and shut case, Gandhi declared. “With the media report today it is black and white that the PM himself was carrying out parallel negotiations with the French. We have been saying there should be a JPC, an inquiry.” Gandhi said. at a press briefing at AICC headquarters in New Delhi.

Addressing the “young men and the armed forces” of the country, Gandhi said, “This is about your future. You are the defenders, protectors. You die for us. It is clear that the PM has bypassed the process. It is an open and shut case.”

Continuing his demand for a joint parliamentary committee (JPC) probe in the deal, Gandhi said, “You can investigate any of our members. Launch a probe against Robert Vadra, P Chidambaram or anyone in the party. No problem. But investigate Rafale deal.”

The issue rocked the Parliament. The Opposition claimed the new expose indicted the Prime Minister. Congress leader Mallikarjun Kharge revived the party’s demand for a JPC probe into the Rafale Deal.

Defence Minister Nirmala Sitharaman dubbed the report by The Hindu as misleading and attacked the Congress-led Opposition for “flogging a dead horse”. Sitharaman told the Lok Sabha that The Hindu report does not mention the then defence minister’s response and went on to quote its “full contents”.

“Then Defence Minister Manohar Parrikar ji replied to that MoD note that remain calm, nothing to worry, everything is going alright (sic),” Sitharaman said.

The Hindu newspaper had reproduced documents showing file notings made by then Defence Secretary G Mohan Kumar calling the attention of then Defence Minister Manohar Parrikar stating that “it is desirable that such discussions be avoided by the PMO as it undermines our negotiation process seriously.”

Kumar’s noting was on an observation made in the document, signed by then deputy secretary SK Sharma, which said: “such parallel discussions by the PMO has weakened the negotiation position of the MoD (Ministry of Defence) and Indian Negotiating Team (constituted by the MoD to negotiate the Rafale Deal with the French). We may advise PMO that any officers who are not part of Indian Negotiating Team may refrain from having parallel parleys with officers of the French Government. In case the PMO is not confident about the outcome of negotiations being carried out by the MoD, a revised modality of negotiations to be led by PMO at appropriate level may be adopted in the case.”

In notings made against Kumar’s comment, Parrikar responded: “It appears that PMO and French President’s Office are monitoring the progress of the issue which was an outcome of the summit meeting. Para 5 (about parallel discussions, reproduced above) appears to be an overreaction. Defence secretary may resolve issue/matter in consultation with the principal secretary to PM.”

Sitharaman, however, ended up strengthening the notion that there was indeed something fishy about the negotiations which ended with Anil Ambani’s Reliance Defence elbowing out the Indian government’s Hindustan Aeronautics Limited (HAL) as the offset partner of Dassault Aviation in the jet purchase deal.

The MoD note raises crucial questions of propriety, and more significantly, over the likely possibility of the Modi government having misled the Supreme Court when it was hearing petitions demanding investigations into the Rafale Deal.

The Supreme Court’s verdict that rejected demands for a probe into the Rafale Deal was largely based on two premises – first, that an audit by the Comptroller and Auditor General into the deal had found nothing wrong and second, a confidential reply by the Centre, submitted to the court in a sealed cover, which purportedly said that the PMO had no role in the negotiations with the French government on the final blueprint of the Rafale Deal.

Soon after the top court’s verdict, it transpired that the CAG had not prepared any report on the Rafale Deal and was, in fact, still in the process of preparing its draft report. Now, with the latest expose, it comes to light that not only was the PMO actively involved in the Rafale discussions with the French government but that these “parallel parleys” had been objected to by a section of officers in the Defence ministry.

These two points now show that the Modi government, to put it very mildly, misled the Supreme Court on the two key issues over which a probe into the Rafale Deal was averted. It remains to be seen if the top court will be open to revisiting its verdict in the Rafale case when petitions seeking a review of its judgment are heard and if it would haul up the Modi government for apparent contempt of court, if not abject perjury.

News agency ANI tweeted the full note of the defence ministry consisting of Parrikar’s reply to his officers.

Meanwhile, Kumar, who was the defence secretary then, has been quoted by ANI as stating that the dissent note of the MoD on Rafale negotiations had nothing to do with price. It was about sovereign guarantees and general terms and conditions, he told news agency ANI.

On September 27, 2016, The Indian Express had also reported about a Defence Ministry official who raised questions about the deal’s benchmark price and put his objections on record.[/vc_column_text][/vc_column][/vc_row]

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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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