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Supreme Court reserves judgment on Rafale case review plea

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Friday, May 10) reserved its verdict on the petitions challenging its 14th December judgment ruling out a probe into the deal for the purchase of 36 Rafale fighter jets and upholding the decision making process behind it.

The court also reserved its orders on the contempt proceedings against Congress president Rahul Gandhi.

The review petition was filed by former union ministers Yashwant Sinha and Arun Shourie who had told the court on Thursday that the Centre misled and played fraud upon the apex court to obtain favourable order in the case.

In its affidavit yesterday, the central government rejected allegations that it suppressed material facts and misled the apex court in connection with the case.

The Centre had stated that the application for perjury filed by the review petitioners was “completely misconceived” and that their stand was “vacillating and self-contradictory”.

Also Read: TIME magazine shows Narendra Modi on cover, calls him divider-in-chief

The government had said that “on facts as well, the contention of the petitioners” that government officials “have made false statements and suppressed evidence while submitting information on ‘decision-making process’, ‘offsets’ and ‘pricing’ pursuant to orders passed by this court, is completely false, baseless and an attempt to intimidate government servants from performing their duty… on this ground alone, the application is liable to be dismissed”.

The affidavit, filed by the Director General (Acquisition) in the Ministry of Defence, had stated that “there is no act of perjury involved in the submissions made before the Supreme Court as the submissions are based on records”.

The affidavit also alleged that petitioners were “deliberately providing incomplete and selective information” and altering the sequence of events of procurement process to misled the apex court and the public.

In a rejoinder affidavit filed in the court, they said the December 14 verdict in the Rafale case should be reviewed as the judgment was obtained through “multiple falsehoods and suppression of material and relevant information”.

They contended that the Supreme Court didn’t deal with the prayer of investigation but proceeded on the basis that they were seeking cancellation of the contract. The counsel for the petitioners further pointed out the error in the December verdict wherein a non-existent CAG report was referred to.

Also Read: Modi’s claims on Rajiv Gandhi holidaying on Navy ship raises storm

He further claimed that three out of the seven-member International Negotiating Team (INT) had also raised objections to the inflated pricing of the Rafale aircraft.

Attorney General KK Venugopal, however, cited a CAG report to argue India got Rafale at a cheaper price. “Will this court sit on the computation of the prices? And what happens thereafter? Will this court then fix the prices of the aircraft and avionics?” questioned Venugopal.

“Rafale wasn’t being procured for ornamentation. It is for national security; for protection of each one of us. It is for everyone to see what’s happening around us. No other court in the world will examine a defence deal on these kinds of arguments,” added the AG.

After hearing both the sides, the apex court reserved the verdict on the petitions. The Rafale fighter is a twin-engine Medium Multi Role Combat Aircraft (MMRCA) manufactured by French aerospace company Dassault Aviation.

In the contempt case, Mukul Rohatgi, appearing for BJP MP Meenakshi Lekhi, said that Rahul Gandhi’s apology isn’t good enough. “He should publicly apologise,” he added. Appearing for Gandhi, Abhishek Manu Singhvi reiterated that the Congress president stands by his political view but he is apologetic for his wrong attribution to the Supreme Court. The court reserved its order on the contempt proceedings also.

Also Read: PM Modi slams Pitroda for ‘hua toh hua’ remark over 1984 anti-Sikh riots

In the last hearing on May 4 of plea for review of verdict on Rafale verdict, the Centre argued in an affidavit filed in the top court that the petition was tantamount to questioning a sovereign decision related to national security and defence.

The top court had on December 14 dismissed all petitions seeking a court-monitored probe of the Rs 59,000 crore contract for Rafale fighter planes made by Dassault Aviation of France. The court had said that there was no reason to doubt the decision-making process. The petitioners had alleged fiscal malfeasance and commercial favouritism in the deal.

Former Union ministers Yashwant Sinha and Arun Shourie had moved the Supreme Court for a review of the verdict, saying the ruling contained errors and relied on incorrect claims made by the government in an unsigned note given in a sealed cover to the court.

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BJP releases first list of 47 candidates for Kerala assembly polls

The BJP has released its first list of 47 candidates for the Kerala Assembly elections scheduled for April 9, including three former Union ministers.

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BJP releases list of candidates

The Bharatiya Janata Party (BJP) on Monday released its first list of 47 candidates for the upcoming Kerala Assembly elections scheduled for April 9.

Voting will take place for all 140 seats in the state assembly, with counting of votes scheduled for May 4. A party or coalition needs at least 70 seats to secure a majority in the House.

Among the candidates announced in the first list are three former Union ministers — Rajeev Chandrasekhar, V. Muraleedharan and George Kurian.

Key candidates announced

Kerala BJP chief and former Union minister Rajeev Chandrasekhar has been fielded from the Nemom assembly constituency. In the 2024 Lok Sabha election, Chandrasekhar lost the Thiruvananthapuram seat to three-time MP Shashi Tharoor, but he led in the Nemom assembly segment during that contest. The party believes this performance strengthens its prospects in the constituency.

Nemom has held political significance for the BJP since 2016, when senior leader O. Rajagopal won the seat and became the party’s first-ever MLA in the 140-member Kerala Legislative Assembly. The victory marked the BJP’s initial breakthrough in the state assembly.

However, the seat returned to the Left camp in the 2021 Assembly election when V. Sivankutty defeated BJP leader Kummanam Rajasekharan.

Former Union minister V. Muraleedharan will contest from the Kazhakoottam constituency, while George Kurian has been nominated from Kanjirappally.

Other candidates in the list

According to the list released by the party, several other candidates have also been announced for key constituencies. P. C. George will contest from Poonjar, R. Sreelekha from Vattiyoorkavu and Padmaja Venugopal from Thrissur.

The BJP has also nominated Sobha Surendran from Palakkad, Navya Haridas from Kozhikode North and Kavitha K. S. from Sulthanbathery, a reserved constituency.

Raji Prasad will contest from the Kunnathur seat reserved for Scheduled Castes, while R. Rashmi has been fielded from Kottarakkara.

Political backdrop in Kerala

Kerala’s electoral politics has traditionally alternated between the Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF). However, the BJP has been attempting to expand its presence in the state.

The alternating trend was interrupted in the 2021 Assembly election when the electorate returned the Pinarayi Vijayan-led government to power for a second consecutive term.

The BJP believes recent electoral performances and local body successes have strengthened its position as it prepares to contest the upcoming assembly polls.

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Arvind Kejriwal moves Supreme Court against Delhi High Court order in excise policy case

Arvind Kejriwal has approached the Supreme Court challenging a Delhi High Court order related to proceedings in the excise policy case and alleging violation of his fundamental rights.

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Arvind Kejriwal

Aam Aadmi Party chief and former Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court of India challenging certain proceedings in the Delhi excise policy case and alleging a violation of his fundamental rights.

In a petition filed under Article 32 of the Constitution, Kejriwal has questioned a decision of the Delhi High Court that put a freeze on remarks related to the investigation conducted by the Central Bureau of Investigation.

The petition also challenges an order of the High Court Chief Justice rejecting Kejriwal’s request to transfer the case to another bench.

Plea seeks change of bench

Earlier, on March 11, Kejriwal and several others submitted a representation to Delhi High Court Chief Justice Devendra Kumar Upadhyaya seeking reassignment of the case to what they described as an “impartial” judge.

In the representation, Kejriwal stated that he had a “grave, bona fide and reasonable apprehension” that the matter may not receive an impartial hearing before the current bench.

However, the Chief Justice declined the request and said the petition had been assigned as per the existing roster.

According to the communication sent by the High Court’s Registrar General on March 13 to eight individuals including Kejriwal, the Chief Justice noted that any decision on recusal must be taken by the judge hearing the matter and that there was no reason to transfer the petition administratively.

Order on trial court proceedings also challenged

Kejriwal has also challenged a March 9 order passed by Justice Swarana Kanta Sharma of the Delhi High Court.

In that order, Justice Sharma had stayed a trial court direction that called for an investigation into a CBI officer who handled the excise policy case. The High Court had also asked the trial court to defer proceedings connected to the anti-money laundering aspect of the case.

Justice Sharma had further rejected certain observations made by the trial court while discharging Kejriwal and 22 others, stating that some of those remarks were erroneous.

Hearing expected on CBI plea

Meanwhile, Justice Sharma is scheduled to hear a petition filed by the CBI challenging the discharge of Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia and others in the excise policy case.

The matter remains under judicial consideration as the legal challenge now moves to the Supreme Court.

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BJP and TMC workers clash in Kolkata ahead of PM rally

Supporters of BJP and TMC clashed in central Kolkata near Girish Park shortly before Prime Minister Narendra Modi’s rally at Brigade Parade Ground.

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BJP TMC workers clash

Supporters of the Bharatiya Janata Party and the All India Trinamool Congress clashed in central Kolkata on Saturday morning ahead of a rally scheduled to be addressed by Prime Minister Narendra Modi later in the day.

The confrontation took place near Girish Park, roughly five kilometres from the Brigade Parade Ground where the prime minister is expected to address supporters.

Eyewitnesses reported that members from both political groups raised slogans and threw stones at each other during the confrontation. The clash created tension in the area as supporters were moving towards the rally venue.

According to BJP supporters, stones were allegedly thrown at them without provocation while they were heading towards the rally. One party activist told a Bengali news channel that the group was targeted suddenly and also faced verbal abuse.

However, local TMC workers rejected the allegations. They claimed that BJP supporters initiated the confrontation by hurling abuses and throwing stones first.

TMC supporters also alleged that stones were thrown towards the residence of local party leaders during the incident.

Police personnel were quickly deployed to the spot to control the situation and prevent further escalation. A large contingent of security forces intervened to restore order in the area.

The clash occurred about half an hour before the prime minister’s scheduled address at the Brigade Parade Ground. The rally marks the conclusion of the BJP’s statewide ‘Parivartan Yatra’ ahead of the upcoming assembly elections in West Bengal.

During his visit, the prime minister is also expected to unveil and lay foundation stones for development projects valued at more than Rs 18,000 crore in the state.

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