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Rafale Case LIVE: How Did Govt Know in Advance that CAG Would Redact Pricing Details, Asks Prashant Bhushan

News18.com | May 10, 2019, 2:32 PM IST
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Rafale Case LIVE: The Supreme Court has begun hearing a petition seeking review of its December 14 verdict against a probe into the controversial fighter jet deal. Petitioners Yashwant Sinha, Arun Shourie and Prashant Bhushan had told the court yesterday that the Centre misled and played fraud upon the apex court to obtain favourable order in the case.

In a rejoinder affidavit filed in the apex court, they said the December 14 verdict in the Rafale case should be reviewed as the judgement was obtained through "multiple falsehoods and suppression of material and relevant information".
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May 10, 2019 2:32 pm (IST)

Bhushan further claims that 3 out of the 7 member International Negotiating Team (INT) had also raised objections to the inflated pricing of the Rafale aircrafts.

May 10, 2019 2:24 pm (IST)

Bhushan adds that doing away with the anti-Corruption clauses and concealment of this fact from this Court is by itself a sufficient ground to order a criminal investigation into the Rafale deal.

May 10, 2019 2:21 pm (IST)

"8 critical clauses of standard defence procurements procedure were dropped for  Rafale deal in a meeting of CCS that happened in Sep '18. Even clauses regarding anti-corruption were dropped. And it is shocking the Govt concealed this piece of information from the court," contends Bhushan

May 10, 2019 2:14 pm (IST)

Bhushan contends that the Supreme Court didn't deal with his prayer of investigation but proceeded on the basis that they were seeking cancellation of the contract. He further points out the error in the Dec verdict wherein a non-existent CAG report was referred to.

May 10, 2019 2:08 pm (IST)

SC Commences Hearing | The bench of CJI Gogoi, Justices Kaul and Joseph commence hearing of the Rafale review petition and the contempt petition against Rahul Gandhi. Prashant Bhushan begins arguing on the main review petitions. Arun Shourie will argue on the perjury application against the Govt.

May 10, 2019 2:05 pm (IST)

The government had in March used the argument to demand that the review petitions be dismissed. On April 10, however, the Supreme Court said it would go ahead with the hearings even if the pleas were based on what the government said were stolen and classified documents.

May 10, 2019 2:03 pm (IST)

In its affidavit, the Centre said the allegations of making false statements and suppressing facts in court were “completely false” and “baseless”. The government reiterated its claim that the petitioners were relying on “selective leaks” of Defence Ministry files in the media, and that they present an “incomplete picture”. The review pleas have been filed by advocate Prashant Bhushan and former Union ministers Yashwant Sinha and Arun Shourie among others.

May 10, 2019 2:02 pm (IST)

Perjury Plea by Petitioners 'Completely Misconceived', Centre Tells SC | On Thursday, the Centre filed a reply affidavit in the top court, saying that the demand for perjury proceedings against some public servants in the case was misconceived. The review petitions have sought perjury action against unknown government officials for allegedly misleading the court during hearings last year.

May 10, 2019 2:00 pm (IST)

SC to Hear Pleas Seeking Review of its Verdict on Rafale Deal | The Supreme Court would hear together today the the review petition pertaining to the SC taking a re-look at an earlier verdict clearing the Rafale aircraft deal with French aviation firm Dassault, along with the contempt case concerns an erroneous claim by Mr Gandhi at an election rally that the top court supports the Congress slogan "Chowkidar Chor Hai".

May 10, 2019 10:45 am (IST)

SC Satisfied with Mediation Process | While the Muslim parties say that they are open to all possibilities of mediation, the Nirmohi Akhara has complained that there has not been any mutual discussion among the parties. However, the Supreme Court said that it is satisfied and optimistic with the way the Committee has proceeded with the politically sensitive Ayodhya land dispute case. The bench has concluded the hearing.

May 10, 2019 10:40 am (IST)

The three-member panel comprising FMI Kallifulla,  Sri Sri Ravishankar and Sriram Panchu submitted a report on the mediation process of the land dispute case in Ayodhya on May 7.

May 10, 2019 10:38 am (IST)

SC Extends Time Till August 15 | The three-member mediating Committee has sought an extension of time until August 15 to find an amicable and lasting solution, which the five-member bench has granted.

May 10, 2019 10:35 am (IST)

SC Bench Assembles | The five-member Supreme Court Constitution bench has assembled to hear the Ram janmabhoomi-Babri Masjid land dispute case. 

May 10, 2019 10:27 am (IST)

8 Years Ago, SC Had Refused to Put Ayodhya Verdict on Hold for Mediation | Eight years ago, in September 2010, various attempts were made to defer a decision by the High Court on the ground of attempting mediation, but all ended being rejected.The Supreme Court was informed then that the High Court is contemplating mediation and has given time till September 23 for the parties to arrive at a settlement. A retired bureaucrat, Ramesh Chandra Tripathi, had moved a plea seeking mediation, but his petition was rejected by a three-judge bench of the Allahabad High Court by 2:1 majority.

May 10, 2019 10:25 am (IST)

CLICK TO READ | Retired SC, Mediation Expert and Spiritual Guru: The New Hope for Decades-old Ayodhya Dispute

The mediation panel headed by former apex court judge F M I Kallifull, will also include spiritual guru Sri Sri Ravishankar and senior advocate Sriram Panchu, said a five-judge Constitution Bench headed by Chief Justice Ranjan Gogoi.

May 10, 2019 10:22 am (IST)

Reporting on Mediation Proceedings Barred by SC | In its order, the Supreme Court had restrained the media from reporting on the proceedings of mediation in the Ayodhya land dispute case. It had also directed in-camera proceedings of mediation in Ayodhya case. 

May 10, 2019 10:15 am (IST)

The Supreme Court's order said the panel will have to submit the first status report on the mediation process in the Ayodhya land dispute case within four weeks from the date of its appointment. The mediation process was held in Uttar Pradesh’s Faizabad district where the disputed site is located. The district was recently renamed as Ayodhya.

May 10, 2019 10:09 am (IST)

The matter will come up for the first time on Friday since the March 8 order of the top court. It had said that the mediation process would commence within a week and the panel would submit the progress report within four weeks.

May 10, 2019 10:08 am (IST)

Ayodhya Interim Report Filed on May 6 | Sources privy to the development said the interim report was filed with the apex court Registry on May 6, and the matter has been listed for hearing on Friday. The apex court on March 8 had referred the matter to mediation for exploring the possibility of an amicable settlement.

May 10, 2019 10:07 am (IST)

The report submitted by the three-member panel comprising FM Kalifullah, Sri Sri Ravi Shankar, Sriram Panchu, will now be  perused and the future course of action will be decided by a five-judge Constitution bench comprising Chief justice Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan and S Abdul Nazeer.

May 10, 2019 10:01 am (IST)

Panel to Act as Mediator in Ayodhya Land Dispute | A five-judge Constitution Bench of the Supreme Court had referred the Ayodhya's Ram Janmabhoomi-Babri Masjid land dispute case to mediation for amicable settlement. The bench, headed by Chief Justice Ranjan Gogoi, appointed a three-member panel to act as mediators. The panel will be headed by former Supreme Court judge FM Kalifullah with spiritual leader Sri Sri Ravi Shankar and mediation expert Sriram Panchu as other members. 

May 10, 2019 9:55 am (IST)

Supreme Court Hearing on Ayodhya Today | The Supreme Court will take up the politically sensitive case two months after it sent the Babri Masjid-Ram Janmabhoomi title dispute for mediation. The three-member mediation committee constituted by the top court has submitted its interim report in a sealed cover. The Committee was tasked with exploring the possibility of an amicable settlement in the decades-old, politically sensitive case. 

Rafale Case LIVE: How Did Govt Know in Advance that CAG Would Redact Pricing Details, Asks Prashant Bhushan
(Illustration : Mir Suhail/News18)

The government was not disclosing the entire material before the court even now and due to this "continued suppression", the petitioners have sought production of relevant and material documents before the court, they said.

"It is clear that the government misled the court on various counts in the notes that were submitted in a sealed cover. The government has also suppressed material and relevant information from the court and obtained the impugned judgement on the basis of fraud played upon the court by the government," they have said in their affidavit.

The rejoinder affidavit was filed by them in response to the reply filed by the Centre last week in which the government had said that "categorical and emphatic" findings recorded by the top court in its December verdict have no apparent error warranting the review.

The Centre said the petitioners, in the garb of seeking review of the verdict and placing reliance on some press reports and incomplete internal file notings procured unauthorisedly and illegally, cannot seek to re-open the whole matter since scope of review petition is "extremely limited".

A bench headed by Chief Justice Ranjan Gogoi is scheduled to hear on Friday the pleas seeking review of its Rafale case verdict.

The apex court had dismissed the plea filed by Sinha, Shourie and Bhushan seeking probe into alleged irregularities in the multi-crore Rafale fighter jet purchase deal with France.

In the rejoinder affidavit, the trio said that the contentions of the government were "untenable" and the last year verdict was required to be reviewed.

"The Union of India's three broad contentions are that the review is not justified, (i) because the matter pertains to national security therefore scope of judicial review is constrained (ii) because the petitioners cannot ask for a 'roving and fishing inquiry' on the basis of subsequent media reports and (iii) because the C&AG has given its final report after considering all records and not found any wrongdoing with this contract. These contentions are untenable," it said.

The petitioners said they have brought materials which showed that the procurement "suffered from various problems".

"Even now the government is not disclosing that contrary to what was submitted in the sealed covers, the Cabinet Committee on Security met once again in the month of September 2016 to inter alia drop standard clauses which are meant to ensure probity, transparency and check corruption," the affidavit said.

"The clauses pertain to the use of undue influence, agents/agency commission and access to books of accounts of the individual suppliers. No basis has been given as to why these basic measures of prudence were dropped," it said.

The petitioners further said that, "continued suppression of relevant and material information by the government is the reason for the petitioners to seek production of relevant and material documents before the court which cannot be considered as seeking a 'fishing and roving inquiry'."

They said their prayer for direction to the CBI to take action on their complaint in Rafale deal was made on October 4 last year and it was required to be assessed in terms of law laid down by a Constitution bench judgement of the apex court.

The affidavit said the Constitution bench verdict states that if a complaint prima facie discloses commission of cognisable offence, an FIR has to be mandatorily lodged and investigated.

"The petitioners' prayers were not considered and the petition was dismissed as if the petitioners were seeking a cancellation of the contract or review of the contract," the affidavit said.

"Given that the impugned judgement has been obtained through multiple falsehoods and suppression of material and relevant information, it needs to be recalled and reviewed for the reasons and grounds stated above and in the review petition and perjury application," it said.

Regarding the Comptroller and Auditor General (CAG) report in Rafale deal, the petitioners have said that it was silent on several crucial aspects.

"The government predicted that CAG would redact the final report and it has," it said, adding, "CAG report is silent on parallel negotiations".

"It is silent on the dropping of standard clauses meant to ensure probity and transparency in every procurement," the affidavit said, adding, "CAG report does not address the issue of offsets and proposes to do a separate audit for the same".

"The CAG report concedes that waiver of bank guarantees was a saving for Dassault and yet fails to account for impact of the same when stating that the 36 aircraft procurement was 2.86 per cent cheaper that the 126 aircraft procurement. The INT domain experts had calculated the impact of bank guarantee at 574 million Euros," it said.

The Rafale fighter is a twin-engine Medium Multi Role Combat Aircraft (MMRCA) manufactured by French aerospace company Dassault Aviation.
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