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Rafale deal: Supreme Court postpones review petition hearing to May 10

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Rafale deal: Supreme Court postpones review petition hearing to May 10

[vc_row][vc_column][vc_column_text]The Supreme Court today (Monday, May 6) adjourned to May 10 the hearing of petitions seeking review of its December 14, 2018 verdict giving clean chit to Narendra Modi government.

The postponement of the hearing scheduled today came after the Court learnt that the hearing in the contempt case against Congress chief Rahul Gandhi – forattributing the ‘chowkidar chorhai’ remark to the top court – hadbeen segregated and posted for that date although the court had said both here to be heard together.

Chief Justice of India Ranjan Gogoi said on Monday that he was perplexed that the two matters were not listed together and carry different dates while they were ordered to be heard together.

The matter will be heard on the day before the top court’s summer recess.

The top court had on April 10 dismissed objections over the admissibility of leaked documents petitioners had cited for seeking a review of its judgement from December last year rejecting a plea for a court-monitored probe into the purchase of the 36 fighter jets.

Petitioners had challenged the verdict upholding India’s deal with France after two media houses — The Hindu and ANI — published ‘leaked’ documents related to the deal for 36 fighter aircraft.

The review petitions have been filed by former Union ministers Yashwant Sinha and Arun Shourie in the Rafale case claiming the December 18 verdict in the case contained errors and relied on the government’s incorrect claims in an unsigned note given in a sealed cover.AamAadmi Party leader Sanjay Singh and lawyer Vineet Dhanda, too, have filed two more review petitions.

The Narendra Modi government had vehemently opposed the inclusion of these documents, saying they are “incomplete internal file notings procured unauthorisedly and illegally”, and that “the petitioners are attempting to bring out internal processing of this Government to Government procurement and trying to present a selective and incomplete picture of the same”.

Also Read: Cong says EC clean chits to Modi, Shah do not state reasons; SC asks it to place them on record

In its affidavit filed last Saturday, the Centre said any review in the case would tantamount to questioning the government’s sovereign decision-related to national security and defence.

The government said the claims made in the review petitions are “scandalous, false, baseless and bereft of any particular material”. The affidavit said the ruling had no apparent “error warranting its review”.

It said the Prime Minister’s Office monitoring the progress of the deal for 36 Rafale jets could not be “construed as interference or parallel negotiations”.

The Centre said media reports cannot form the basis for seeking review of the judgement since it is well settled law that courts do not take decision on the basis of media reports.

Referring to the April 10 order of the apex court, by which the Centre’s preliminary objection to placing reliance on leaked documents was rejected by the top court, the Centre’s reply said the order “would imply that any document marked secret obtained by whatever means and placed in public domain can be used without attracting any penal action”.

The contempt case against Rahul Gandhi has been filed by the Bharatiya Janata Party’s (BJP’s) Meenakshi Lekhi for incorrectly attributing the slogan to the preliminary verdict of the top court on admissibility of documents in the Rafale case. Lekhi had asked the court to initiate criminal contempt action against Gandhi for twisting the top court’s April 10 judgment to claim that the court declared Prime Minister Narendra Modi guilty of corrupt practices in purchase of the Rafale aircraft.

Gandhi had apologised for misquoting the Supreme Court at the previous hearing. The court, however, had asked him to give a written apology and was not convinced by Gandhi’s earlier affidavit.

Also Read: Police arrest around 200 men, women from Noida rave party

The three-judge SC Bench, also comprising Justice KM Joseph and SK Kaul, insisted that the hearing of both cases – review petition and contempt case – willbe held together and adjourned the matter. May 10 is the last day before the Supreme Court breaks for summer recess.

During the brief hearing, advocate Prashant Bhushan told the bench that he would argue the review pleas as well as an application seeking production of certain documents.

He said the court should allow his co-petitioner and former Union minister Arun Shourie to argue a separate application seeking perjury action against unknown government servants for allegedly misleading the court during the Rafale case hearing earlier.[/vc_column_text][/vc_column][/vc_row]

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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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