The decision we need to take is whether to bring the fact on pricing in public domain or not, Supreme Court said.
The Supreme Court on Wednesday said any discussion on pricing of the Rafale fighter jets can only take place if the facts on the deal are allowed to come in the public domain.
"The decision we need to take is whether to bring the fact on pricing in public domain or not," a bench headed by the Chief Justice Ranjan Gogoi said.
The Centre, meanwhile, opposed the pleas seeking a court-monitored probe into the Rafale deal saying that the procurement of 36 Rafale fighter jets from France is not a matter for judicial review.
A bench comprising the CJI and justices SK Kaul and KM Joseph began hearing the pleas seeking probe into the Rs 58,000 crore deal.
Appearing on behalf of the Centre, Attorney General KK Venugopal said, "This is not a matter for judicial intervention since the allegations are based on media reports and rumours."
During the hearing, advocate Prashant Bhushan, appearing on behalf of himself, and former union ministers Yashwant Sinha and Arun Shourie, submitted that the NDA government "short circuited" the acquisition process by taking the Inter Government Agreement (IGA) route to avoid giving tender.
"Government is hiding behind secrecy clause, has not disclosed the price of Rafale jets," Bhushan told the apex court.
CJI Gogoi told Bhushan that he should cite only necessary things.
"We are giving you full hearing. Use it carefully, cite only necessary things," CJI told Bhushan.
The CJI also asked if anyone from the Indian Air Force was present in the court, on which the AG agreed to get an official from IAF to apprise the court.
"We are dealing with requirements of the Air Force and would like to ask an Air Force officer on the Rafale jet. We want to hear from an Air force officer and not the official of the Defence Ministry on the issue," the bench said when Venugopal commenced his arguments on behalf of the Centre.
Venugopal told the bench that an Air Force officer would be reaching the court within a few minutes.
The bench told Attorney General that without bringing the facts in public domain, there was no question of any debate on pricing. However, the bench clarified to the attorney general that any discussion on price will be considered if it thinks that it should come in the public domain.
The Centre had on Monday handed over a 14-page document titled "Details of the steps in the decision making process leading to the award of 36 Rafale fighter aircraft order" to the petitioners in the case. The government had also filed in the court in a sealed cover the pricing details of the Rafale jets.
India signed an agreement with France for the purchase of 36 Rafale fighter aircraft in a fly-away condition as part of the upgrading process of the Indian Air Force equipment.
The Rafale fighter is a twin-engine Medium Multi Role Combat Aircraft (MMRCA) manufactured by French aerospace company Dassault Aviation.
The petitions seeking the probe in the Rafale deal were first filed by advocates Manohar Lal Sharma and Vineet Dhanda.
Later, AAP MP Sanjay Singh had also filed a petition.
Former union ministers Yashwant Sinha, Arun Shourie and activist lawyer Prashant Bhushan had also filed a joint petition in the apex court.
(With PTI inputs)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "France:")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}