Supreme Court grounds Congress's Rafale hopes

The Supreme Court, while giving a clean chit to the government on its decision-making process and choice of Reliance Aerostructure as Indian Offset Partner, was rather circumspect on giving a clean chit on the pricing front. Finding the issue is already under the attention of the Public Accounts Committee (PAC) of the Parliament, the Court remained guarded on giving its opinion on this aspect.

It was pricing of the deal that was kept under wraps by the Government till the bench headed by CJI Ranjan Gogoi asked for it in a sealed cover to satisfy its conscience while hearing PILs challenging the Rafale purchase deal. It was never known what was produced by the Government in a sealed cover to the Court. Revealing this detail, the bench in its judgment said, "The material placed before us shows that the Government has not disclosed pricing details, other than the basic price of the aircraft, even to the Parliament."

Three grounds were cited for denying details. First, the Centre said the pricing details have been shared with the Comptroller and Auditor General (CAG) and "the report of the CAG has been examined by the Public Accounts Committee (PAC)." A redacted portion of this report was placed before the Parliament, and is in public domain, the judgment said. Secondly, the Centre informed the Court about a categorical reservation by the Chief of the Air Staff on disclosure of pricing details considering national security implications. And thirdly, the Government cited a Security Agreement between India and France signed on January 25, 2008 which protects classified information and material exchanged under the Inter-Government Agreement (IGA) on purchase of Rafale jets.

The Court, after closely examining the explanatory note on costing, price details and comparison of the prices of the basic aircraft along with escalation costs, both under the IGA and the original request for 126 Rafale jets, went on to record not its satisfaction but that of the Centre. "As per the price details, the official respondents (Centre) claim there is a commercial advantage in the purchase of 36 Rafale aircraft. The official respondents have claimed that there are certain better terms in IGA qua the maintenance and weapon package," it said.

It concluded by saying, "It is certainly not the Court's job to carry out a comparison of the pricing details. We say no more as the material has to be kept in a confidential domain."

WHAT THEY SAY

Congress president tried to mislead public for political benefit, and maligned Indian image globally, he should apologise to the house and to the people of the country. 
Rajnath Singh, Home Minister 

The clean image of the Narendra Modi government has got a boost following the Supreme Court order on the Rafale fighter jet deal
Vijay Rupani, Gujarat Chief Minister

Satyamev Jayate (truth alone triumphs)
Manohar Parrikar, Goa Chief Minister

Parliament is supreme in our democracy. All Opposition parties have been demanding a JPC probe into the Rafale fighter jet deal. Why cannot the government agree on a JPC probe?
D Raja, CPI national secretary 

It is essential that fundamental reforms need to be evolved in all defence related deals in order to address the doubts and perceptions among the common people.
Mayawati, BSP chief

RAFALE ROW

August 28, 2007: Defence ministry proposal for procurement of 126 MMRCA (medium multi-role combat aircraft) fighters. Dassault places its bid for Rafale

May 2011: Indian Air Force shortlists Rafale and Eurofighter jets

January 30, 2012: Dassault Aviation’s Rafale aircraft comes up with the lowest bid

March 13, 2014: Work Share agreement is signed between HAL and Dassault Aviation.

March 28, 2015: Anil Ambani-led Reliance Defence is incorporated

April 10, 2015: New deal for acquisition of 36 Rafale aircraft from France announced

July 30, 2015: Defence ministry officially withdraws 126 aircraft deal tender

Sept 23, 2016: India, France sign Rs 590 billion deal for 36 Rafale jets. Delivery fixed at Sept 2019

Nov 18, 2016: Govt, in Parliament, says cost of each Rafale aircraft to be approx Rs 670 crore

March 13, 2018: PIL in SC seeks independent probe; disclosure of the cost involved.

Sept 5, 2018: SC agrees to hear PIL seeking stay on Rafale fighter jet deal.

Oct 24, 2018: Yashwant Sinha, Arun Shourie, Prashant Bhushan make FIR plea in SC

Oct 31, 2018: SC asks Centre price details in sealed cover within 10 days 

Nov 12, 2018: Centre places price details of fighter jets in a sealed cover before SC

Dec 14, 2018: SC gives clean chit to Modi govt on deal; dismisses all petitions 

Compiled by DNA-Research N Archives