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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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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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