Monday, March 30, 2020
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SC finds no reason to interfere in Rafale deal on the basis of ‘perceptions’, dismisses all petitions for investigation

The bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph was pronouncing its judgment on a batch of PILs filed by Advocates M. L. Sharma and Vineet Dhanda, Advocate Prashant Bhushan and former Union Ministers Arun Shourie and Yashwant Sinha and AAP MP Sanjay Singh.

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The Supreme Court today dismissed all petitions seeking a court-monitored investigation into the Rafale deal. The Court said that it has not found any material to show that there has been any commercial favouritism.

The Court said that the perception of an individual cannot form the basis of interference. “there is no reason for interference in the choice of offset partner and perception of individuals can’t be the basis for roving inquiry in sensitive issue of defence procurement,” said CJI Gogoi. Dismissing the case, the Supreme Court clarified that the examination has been primarily from the point of the exercise of jurisdiction by this court under Article 32. The SC did not find it as a case for the court to scrutinise the process of acquisition.

Reading the judgement, CJI Gogoi said that power of review varies from subject to subject. He further added that there are 3 broad areas in this case, decision making, pricing and procedure. Having reviewed and studied the material carefully, CJI Gogoi said the Bench is satisfied with the decision-making process.

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CJI Gogoi said that the detailed scrutiny of the Rafale deal is not required.

The bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph was pronouncing its judgment on a batch of PILs filed by Advocates M. L. Sharma and Vineet Dhanda, Advocate Prashant Bhushan and former Union Ministers Arun Shourie and Yashwant Sinha and AAP MP Sanjay Singh.

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