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Supreme Court on Rafale
April 13 , 2019
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- The SC dismissed arguments that several secret documents about the Rafale deal could not be examined by the court because they had been “stolen”.
- In 2015 PM Modi decided to drop ongoing negotiations with French manufacturer Dassault to buy 136 Rafale fighter jets despite years of technical discussions and negotiations.
- He had announced a new government-to-government deal to buy just 36 Rafale jets only on completely different terms from the earlier ones.
- Several petitioners demanded Supreme Court to investigate into the deal, but the court in 2018 chose not to intervene and dismissed the petitions.
- In 2019, The Hindu’s N Ram published reports based on actual file notings and reports made by defence ministry officials. They were
- Defence ministry’s negotiation team had complained about the separate negotiation carried out by PM’s Office on its own with Dassault.
- The separate discussions weakened India’s position and denied a better deal.
- The French were permitted to drop clauses that are otherwise standard for India such as requiring bank guarantees and anti-corruption measures.
- The petitioners whose case was dismissed in 2018, took these documents back to the Supreme Court and had filed a review petition based on The Hindu’s documents.
- The government of India objected to the investigation on the grounds that these documents were stolen and photo copied and any further investigation into the Rafale deal would endanger the National security.
- The court dismissed the arguments altogether and admitted Review of the case and verified the authenticity and admissibility of the evidence released by The Hindu.
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