Supreme Court bench reserves order on plea seeking review of Rafale verdict

The Supreme Court on Friday reserved its verdict on the review petitions that questioned the SC clean chit given to the Rafale deal by a judgment on December 14, 2018.

Attorney General KK Venugopal asked the bench why the deal was being so minutely scrutinised. "This involves the security of the country. If there was a prima facie case for investigation, will not the CAG have pointed it out? Can we go forward with the deal if you order a CBI probe? There has to be a prima facie case made out for that which the petitioners have not been able to show so far."

Advocate Prashant Bhushan and former Union Minister Arun Shourie pointed out errors in the December 14 judgment claiming the Centre suppressed facts on pricing, exclusion of crucial clauses from the Indo-French agreement, and dissent notes by expert members who were part of the Indian Negotiating Team.

Shourie said that France is a signatory to Arms Trade Treaty while India is not. Hence, if Dassault goes back on any commitment under the agreement, only a sovereign guarantee to India can ensure its compliance.

The A-G pointed out that similar defence purchases were made with the US and Russia without obtaining sovereign guarantee. But the bench of Chief Justice Ranjan Gogoi, Justices SK Kaul and KM Joseph pointed out that the deal there was either with Pentagon (US) or Rosoboronexport which are state-controlled firms.

Caught in Turbulence

• Prashant Bhushan and Arun Shourie point out errors in December 14 judgment
• Duo claim Centre suppressed facts on pricing, crucial clauses, dissent notes for probe
• When SC asked how technology was excluded, A-G said, "Is the Court to decide that."
• A-G said the first Rafale jet out of 36 will be delivered by September this year