The Supreme Court on Wednesday caught the Centre off guard on the Rafale jet deal by seeking details of the aircraft pricing and contract within 10 days. The SC sought to know the logic behind purchasing the equipment at increased cost, and induction of the Indian offset partner by the French manufacturer Dassault Aviation.
The order breathed a lease of life into the bunch of PILs challenging the deal while putting the Government on the back foot. No sooner the order was dictated by a bench headed by Chief Justice Ranjan Gogoi, than Attorney General KK Venugopal refused to share the price of the jets. He claimed the information has been withheld even from Parliament.
Before concluding, the court had another surprise for the Centre. When A-G asked whether anything about the deal could be put out in public domain due to the provisions of Official Secrets Act it attracts, the CJI said, "Once you file your details in sealed cover, we will compare what you have given them with what you have given to us and then take a call."
The bench, also comprising Justices UU Lalit and KM Joseph replied, "You can say we are not sharing the details of pricing on an affidavit by indicating your difficulty. We will consider your response on the next date." The matter will come up on November 14.
On October 10, the bench called for a sealed cover report on the decision-making process leading to purchase of 36 Rafale Fighter jets. Petitioners allege that they cost nearly Rs 60,000 crore. On that day, the bench had said, "The steps in the decision making process that we would like to be apprised of would not cover the issue of pricing or the question of technical suitability of the equipment."
On Wednesday, the bench said, "The court would also like to be apprised of the details with regard to the pricing, particularly the advantage thereof, if any, which again will be submitted to the court in a sealed cover."
The judges even ordered the Centre to share with petitioners the details that can be "legitimately" brought into the public domain. The petitioners include former Union Ministers Yashwant Sinha, Arun Shourie, advocate Prashant Bhushan, AAP Member of Parliament Sanjay Singh, and advocates ML Sharma and Vineet Dhanda.
In the order, the bench even introduced the contentious aspect of inducting Reliance Aerostructure Limited (RAL) as Dassault's offset Indian partner by requiring Centre to furnish confidential information in this regard in a sealed cover.
The CJI-headed bench said, "Along with the said facts, further details that could legitimately come in the public domain with regard to the induction of the Indian offset partner (if any) be also furnished to the counsel for the petitioners. The details in this regard which may be considered strategic and confidential, may, at this stage, be placed before the Court (in a sealed cover) and not be furnished to the petitioners."
){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}
 "Fighter aircraft")
)
The bench, also comprising Justices UU Lalit and KM Joseph replied, "You can say we are not sharing the details of pricing on an affidavit by indicating your difficulty. We will consider your response on the next date." The matter will come up on November 14.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}