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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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Latest Politics News

Yogi Adityanath hits back after Akhilesh Yadav says organising cabinet meeting at Kumbh is political

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

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The political atmosphere in Uttar Pradesh sizzled as Chief Minister Yogi Adityanath launched a blistering attack on Samajwadi Party leader Akhilesh Yadav, accusing him of disrespecting the Maha Kumbh and the religious sentiments of the Indian people. This sharp rebuke, delivered during a public rally in Milkipur ahead of crucial by-elections, followed Yadav’s criticism of the state government holding a cabinet meeting at the Kumbh Mela site.

Adityanath juxtaposed the global acclaim for the Maha Kumbh with Yadav’s condemnation, portraying it as a symptom of the Samajwadi Party’s alleged long-standing opposition to significant religious symbols such as the Ram Mandir and Kashi Vishwanath Temple.

He further escalated his attack, painting the Samajwadi Party as being mired in internal property disputes and insinuating connections to criminal elements, thereby attempting to discredit Yadav’s criticisms as coming from a morally compromised position.

Yadav’s initial criticism focused on the perceived impropriety of holding a cabinet meeting within the sacred space of the Kumbh Mela. He argued that the government was inappropriately using a religious event for political purposes, a charge that Adityanath vehemently rejected.

The Uttar Pradesh cabinet meeting itself was significant. All 54 ministers attended, approving numerous development schemes designed to boost Prayagraj and the surrounding region.

A key announcement involved extending the Ganga Expressway, a crucial infrastructure project designed to connect Prayagraj, Mirzapur, Bhadohi, Kashi, Chandauli, and ultimately, the Purvanchal Expressway in Ghazipur. This ambitious project, Adityanath claimed, would significantly contribute to sustainable development in the region.

Logistical adjustments were made to minimize disruption to the Kumbh Mela pilgrims. The cabinet meeting’s venue was shifted from the Mela Authority Auditorium to the Triveni Sankul in Arail to avoid inconveniencing devotees and managing the security arrangements for the VIP attendees.

The day concluded with Adityanath and his entire cabinet participating in the Kumbh Mela’s sacred rituals, taking a ceremonial dip in the Triveni Sangam. This highly publicized event, mirroring a similar participation in 2019, served as a powerful visual counterpoint to Yadav’s earlier criticism. The event simultaneously showcased the government’s commitment to religious traditions while promoting its developmental agenda.

The clash between Adityanath and Yadav underscores the deep political divisions and the strategic use of religious symbolism in Uttar Pradesh’s political landscape. The Maha Kumbh, a significant religious event, became a battleground for political point-scoring, highlighting the complex interplay between religion and politics in the state.

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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