Wednesday, January 27, 2021
Home Law SC reserves judgement on Rafale case: Here is all you need to know about...

SC reserves judgement on Rafale case: Here is all you need to know about the hearing

Attorney General argued that Rafale deal was not a matter for judicial intervention

The Rafale saga continued in the Court today after the Government submitted details of the deal in a sealed envelope on November 12. The non-confidential details were shared with the petitioners as well, as per the court order.

Session 1

Prashant Bhushan

Petitioner M.L. Sharma argued that Prime Minister Narendra Modi had announced the deal before negotiations. Senior Supreme Court advocate Prashant Bhushan made the claim that there was no sovereign guarantee from the French side in the deal.

Bhushan also argued that delivery would have been quicker with HAL and this government has only delayed the delivery of the aircraft.

Bhushan also asserted that government’s claims of secrecy regarding pricing is a bogus argument. Bhushan further argued that authorities had abused their authority by awarding the contract to Dassault at inflated prices and by giving offset to Reliance.

Arun Shourie

Arun Shourie claimed that a company with the experience of Dassault would not have chosen Reliance as an offset partner. He further claimed that the Rafale deal was a way for the Franch company to tide over its financial crisis and therefore, they will support whatever the government says. The actual pricing of the aircraft is contrary to that revealed in the Parliament, Shourie added. He further asserted that HAL was perfectly capable of producing Aircraft, rubbishing claims to the contrary. “If HAL can build Sukhoi, why not Rafale?” Shourie asked.

Attorney General for the Government

CJI Ranjan Gogoi wished to meet an officer from the Airforce on the matter. The Attorney General assured that an officer will be there soon. AG Venugopal contended that the French government’s consent is required for producing the pricing documents. He also asserted that it was for the experts to decide what weaponry is to be bought. AG Venugopal also argued that the Rafale Deal wasn’t a matter for judicial intervention as the allegations have their origins in media reports and rumours. The CJI inquired whether the pricing of the previous deal was revealed in public, the Attorney General said that it wasn’t.

Session 2

The second session began with Air Marshall and Air Vice Marshall in the Court. Answering the CJI’s queries, the IAF officers responded that the latest induction to the IAF was the Sukhoi 30 which were “3.5 generation” aircraft while the Rafale jet is a 5th generation aircraft with stealth technology. The IAF officers were then excused by the Court with the words, “It is a different war game here in Court.”

Voicing the arguments of the petitioners, Justice K.M. Joseph asked the AG how could the Prime Minister announce a new deal in April 2015. The CJI interjected and reminded the Justice that as per his own note, the withdrawal processes had begun the previous month. The AG also stated in Court that HAL offered a time slot that was 2.7 times of what Dassault was taking. The Government also has a letter of comfort by France, the AG said. He concluded his arguments by saying that IAF has been reporting the shortage of aircraft as a consequence of which it will be difficult for them to defend the country.

Sanjay Hegde appeals to ‘Judicial Conscience’

In his rejoinder argument, Prashant Bhushan argued that the objective of the intergovernmental agreement was only to eliminate the need for tenders. Sanjay Hegde appealed to the ‘judicial conscience’ of the Court and argued that deviations from the previous deal ought to satisfy it. He also argued that the Rafale deal cannot be termed an intergovernmental agreement and dubbed it a pure commercial contract with a private company.

Judgment reserved

After both sides presented their arguments in the Court, the three Justice bench headed by CJI Ranjan Gogoi reserved its judgment on the petitions seeking a Court-monitored probe into the Rafale deal.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

 

Related Articles

Trending now

Nirbhaya protests, blaming the govt and other excuses: Here’s how liberals came out to defend the Red Fort siege and the accompanying violence

Left-leaning liberals went on an overdrive to defend the desecration of Red Fort by the tractor rally protesters.

Rajdeep Sardesai lies twice, says ‘farmer’ was killed because the police shot him in the head: Here is the truth

In this way, those who had shared the fake news once would live under the false impression that it was indeed a case of police firing.

Hindus must ask now if their religious flag atop Lal Quila would be an acceptable sight

A lasting visual from this Republic Day, would be one of the Sikh flag unfurled atop the Red Fort, by violent Khalistanis

After violence was unleashed on streets of Delhi on Republic Day, ‘farmer’ body thanks ‘farmers’ for ‘unprecedented participation’

Samyukta Kisan Morcha further claimed that despite their efforts, 'some organisations and individuals' violated route and indulged in condemnable acts.

‘Flag of Khalistan is waving on Red Fort,’ ‘Historic Moment’: All Pakistan Muslim League celebrates “Black Day” for India

The All Pakistan Muslim League (APML) is celebrating the hoisting of the 'Khalistan Flag' at Red Fort on Republic Day.

During Delhi Riots, NDTV cropped stones from rooftop of mosques, now it paints violent mobs in tractor rally as humanitarian

NDTV tried to downplay the chaos by claiming that protesters made way for an ambulance that was stuck in Tractor Rally

Recently Popular

Protesting mob enters Red Fort, unfurl the Sikh flag, Terrorist outfit SFJ had demanded Khalistani flag to be hoisted: Details

The protestors have hoisted the flag on Red Fort that appears to be the Sikh Flag. Some believe it is the Khalistan Flag.

Professor who translated Rahul Gandhi’s “don’t need army if farmers are strong” speech in Erode faints after the speech: Reports

Muhammed Imran, who translated Rahul Gandhi's speech at Erode, collapsed after interpreting the speech from English to Tamil

‘Flag of Khalistan is waving on Red Fort,’ ‘Historic Moment’: All Pakistan Muslim League celebrates “Black Day” for India

The All Pakistan Muslim League (APML) is celebrating the hoisting of the 'Khalistan Flag' at Red Fort on Republic Day.

Here is how Congress and trolls tried to paint a Khalistani accused of spearheading the Red Fort siege as a ‘sanghi’

Deep Sidhu is accused of being responsible for the hoisting of the Sikh flag at Red Fort on Republic Day.

Is it actor Prosenjit Chatterjee in the portrait of Netaji Subhash Chandra Bose inaugurated by President Kovind? A fact check

It was claimed that it was actor Prosenjit Chatterjee in the portrait of Netaji Subhash Chandra Bose inaugurated by President Kovind.

Protesting ‘farmer’ spends Rs 35 lakh to modify his tractor for Republic Day rally

The modified tractor is fitted with huge wheels. It is said to withstand heavy rain and water cannon charge.
- Advertisement -

 

Nirbhaya protests, blaming the govt and other excuses: Here’s how liberals came out to defend the Red Fort siege and the accompanying violence

Left-leaning liberals went on an overdrive to defend the desecration of Red Fort by the tractor rally protesters.

Hundreds of children, artists for Republic Day were stuck at Red Fort crying, terrified by the mob: Reports

Around 200 artists of Republic Day parade were stranded since 12:00 PM near Red Fort. They were rescued by Delhi Police.

Here is how the Uttarakhand Youth Congress celebrated the Red Fort siege, incited violence by spreading fake news about protester death

The Uttarakhand Youth Congress shared a photograph from the Red Fort earlier today after the protesting mob breached its premises.

Here is how Congress and trolls tried to paint a Khalistani accused of spearheading the Red Fort siege as a ‘sanghi’

Deep Sidhu is accused of being responsible for the hoisting of the Sikh flag at Red Fort on Republic Day.

Rajdeep Sardesai lies twice, says ‘farmer’ was killed because the police shot him in the head: Here is the truth

In this way, those who had shared the fake news once would live under the false impression that it was indeed a case of police firing.

Tractor rally: Violence by the mob in Delhi leaves 83 policemen injured, attempt made to mow down Additional DCP with tractor

The tractor rally by farmers and Khalistanis in Delhi where they unleashed violence has left 18 policemen injured

Watch: Protestors throw away Tricolour, place Sikh flag on top of flag pole at Red Fort

Disturbing visuals emerge from the tractor rally on Republic Day.

Rahul Gandhi and CPIM use Republic Day insurrection to further their political agenda, demand repeal of farm laws

Sitaram Yechury and Rahul Gandhi are attempting to use the Republic Day violence to further the political agenda of their party.

Tractor rally on R-Day: Not just swords, violent protestors have come loaded with liquor too

Earlier, some violent protestors were seen attacking Delhi Police personnel with swords and trying to run them over with tractors.

Hindus must ask now if their religious flag atop Lal Quila would be an acceptable sight

A lasting visual from this Republic Day, would be one of the Sikh flag unfurled atop the Red Fort, by violent Khalistanis

Connect with us

245,563FansLike
496,912FollowersFollow
23,000SubscribersSubscribe