15/04/2019
BJP’s Meenakshi Lekhi had complaints to the Supreme Court that the words attributed by Rahul Gandhi to the Supreme Court in the Rafale case had been “made to appear something else”.
INDIA Updated: Apr 15, 2019 14:06 IST
Supreme Court will next hear the case on April 23(AFP file photo)
Congress president Rahul Gandhi has been told by the Supreme Court to explain his remarks during the Lok Sabha campaign where he attributed comments to the top court which had ruled on the admissibility of three sets of documents in the Rafale review petition.
The bench said Gandhi had incorrectly attributed “views, observations and findings” in the Rafale case to the top court. Gandhi has been given till next Monday to come up with his explanation. The court, however, has not issued a formal notice to him yet.
“We also make it clear that this court had no occasion to record any such views or make observations in as much as what was decided by this court was the legal admissibility of certain document to which objections were raised,” the bench headed by Chief Justice of India Rajan Gogoi said.
BJP lawmaker Meenakshi Lekhi had last week filed a contempt petition against the Congress president for his attacks on Prime Minister Narendra Modi that she said, “replaced his personal statement as Supreme Court’s order “ and tried to create prejudice.
Watch: ‘Chowkidar chor’ vs ‘SC’s contempt’: Rahul, Nirmala face off on Rafale order
Gandhi, who was in Amethi to file his nomination papers, had reacted to this setback to the government, saying: “Now the Supreme Court has made it clear that ‘chowkidarji’ (watchman) has committed a theft… I want to directly challenge that the Supreme Court has stated that you have indulged in corruption.”
The BJP and its top leaders had taken umbrage at the Congress president’s remarks, accusing him of wildly exaggerating and misquoting the court’s observations and the context. Defence Minister Nirmala Sitharaman had said Rahul Gandhi’s statement was contempt of contempt of court and was the Congress’s attempt to “perpetrate their own lies”.
Her party later filed a formal complaint against Gandhi with the Election Commission, charging him of lying. The Congress party wants to “perpetrate their own lies”. She further added that Gandhi’s comments are not based on the facts.
In her petition before the Supreme Court, Meenakshi Lekhi had complained that “the words used and attributed by him (Gandhi) to the Supreme Court in the Rafale case has been made to appear something else. He is replacing his personal statement as Supreme Court’s order and trying to create prejudice.”
The government’s April 2015 decision to buy 36 Rafale warplanes has been at the heart of the Congress-led opposition campaign against Prime Minister Narendra Modi and the ruling BJP-led national coalition. The $8.7 billion government-to-government deal replaced the previous United Progressive Alliance (UPA) regime’s decision to buy 126 Rafale aircraft, 108 of which were to be made in India by state-owned Hindustan Aeronautics Ltd (HAL).
The deal has become controversial with the Opposition, led by the Congress, claiming that the price at which India is buying Rafale aircraft now is Rs 1,670 crore for each, three times the Rs 526 crore, the initial bid by the company when the UPA was trying to buy the aircraft. It has also claimed the previous deal included a technology transfer agreement with HAL. The NDA has not disclosed details of the price.
Source: Hindustan Times
Posted in BJP, defence minister, Hindustan Aeronautics Ltd (HAL), India alert, Meenakshi Lekhi, Nirmala Sitharaman, Prime Minister Narendra Modi, Rafale, rahul gandhi, Supreme Court, Uncategorized, United Progressive Alliance (UPA) |
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13/03/2019
The Centre has also argued that the documents presented a “selective and incomplete picture of internal secret deliberations” on a matter relating to national security and defence.
INDIA Updated: Mar 13, 2019 17:19 IST
The Centre reasoned that the Rafale review petition should be dismissed and the documents removed from the top court’s records.(PTI)
The widely-circulated review petition against the Supreme Court’s December verdict in the Rafale deal that includes leaked defence ministry jeopardizes national security and should be dismissed, the defence ministry has told the Supreme Court in an affidavit filed on Wednesday
The Centre has also argued that the documents presented a “selective and incomplete picture of internal secret deliberations” on a matter relating to national security and defence.
It reasoned that the petition should be dismissed and the documents removed from the top court’s records.
The government also claimed privilege over the documents presented under the evidence law for courts and insisted that the court could not take them into consideration without the government’s permission.
Defence Secretary Sanjay Mitra told the top court that the petitioners had attached documents relating to war capacity of India’s combat jets. “This information is now available to our adversaries…This puts the national security in jeopardy,” the top defence ministry official said.
The government also told a bench headed by Chief Justice of India Rajnan Gogoi that an internal inquiry into the leaks had started.
The petitioners are guilty of leakage of sensitive information, which offends the terms of the agreements for purchase of the fighter jets, the government said. Additionally, those who have conspired in this leakage are guilty of penal offences under the Indian Penal Code including theft by unauthorized photocopying and leakage of sensitive official documents affecting national security.
Source: Hindustan Time
Posted in Chief Justice of India, Defence Secretary, Indian Penal Code, National security, Rafale, Rajnan Gogoi, Sanjay Mitra, Secret documents, Supreme Court, Uncategorized |
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02/03/2019
Rahul Gandhi renewed his attack on PM Modi over Rafale deal controversy during his public rally in Jharkhand
INDIA Updated: Mar 02, 2019 15:58 IST
Congress president Rahul Gandhi addressing a public rally in Jharkhand on Saturday.(Photo: Twitter/INCIndia)
Congress president Rahul Gandhi on Saturday renewed his attack on Prime Minister Narendra Modi reiterating his charge that he misled the people on the issues of providing corruption-free government, job creation and addressing farm distress. Gandhi said PM Modi’s image has changed from a leader who promised to bring “achchhe din” (better time) to “chowkidar chor hai” (the watchman is a thief).
Speaking at the Congress’s Parivartan Ulgulan Maha Rally at the Morahbad in Jharkhand, Gandhi said, “One chowkidar has defamed all chowkidars of India…All the chowkidars of India are honest…Everyone knows that when someone says chowkidar chor hai, it refers to Narendra Modi.”
The Congress president alleged that PM Modi “snatched” Rs 30,000 crore from the Indian Air Force (IAF), which protects the country, and the Hindustan Aeronautics Limited (HAL) and gave it to industrialist Anil Ambani in Rafale deal.
Gandhi has been targeting PM Modi over Rs 58,000-crore Rafale deal with France that India signed in 2016 for the purchase of 36 fighter planes. A similar deal was being negotiated when the Congress-led United Progressive Alliance (UPA) was in power before 0214 for the purchase of 126 Rafale jets.
The Modi government renegotiated the deal with France terming the previous one unworkable. The Congress and other opposition parties have alleged that commercial favouritism was done in Rafale deal.
Gandhi on several occasions has alleged that PM Modi personally ensured that Ambani’s firm, Reliance Defence gets contract in Rafale deal. Both the government and the Reliance Defence have rejected the allegation as baseless. Reliance Defence is an off-set partner of the Dassault Aviation, the manufacturer of Rafale fighter jets.
Addressing his first rally in Jharkhand since 2014, the Congress president repeated his charge against PM Modi saying, “It is a matter of shame that Indian Air Force protects the country, air force pilots sacrifice their lives but the prime minister steals money from the air force and puts it in Anil Ambani’s pockets.”
He claimed that in the upcoming Lok Sabha elections, the “chowkidar” will be defeated. He promised that if voted to power the Congress government will implement a minimum income guarantee programme for the poor.
Source: hindustan Times
Posted in Anil Ambani, “achchhe din” (better time), “chowkidar chor hai” (the watchman is a thief), chowkidar, Congress president, controversy, Dassault Aviation, Hindustan Aeronautics Limited (HAL), India alert, Indian Air Force, Indian Air Force (IAF), Jharkhand, Lok Sabha, Morahbad, Parivartan Ulgulan Maha Rally, PM Narendra Modi, Rafale, rahul gandhi, Reliance Defence, Uncategorized, United Progressive Alliance (UPA) |
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13/02/2019
The CAG report said India has managed to save 17.08 per cent money for the India Specific Enhancements in the 36 Rafale contract, compared to the 126 aircraft deal.
SNS Web | New Delhi | February 13, 2019 12:54 pm
The report of the Comptroller and Auditor General (CAG) on the 2015 Rafale jet deal tabled in the Parliament on Wednesday, said the Rafale deal sealed by the Modi government is 2.8 per cent cheaper than the one negotiated by the previous UPA government.
The CAG report tabled before Rajya Sabha said India has managed to save 17.08 per cent money for the India Specific Enhancements in the 36 Rafale contract, compared to the 126 aircraft deal.
It further said the delivery schedule of the first 18 Rafale aircraft is better than the one proposed in the 126 aircraft deal, by five months.
The auditor report noted that the Indian Air Force did not define the ASQRs (Air Staff Qualitative Requirements) properly. As a result of which none of the vendors could fully meet the ASQRs. ASQRs were changed repeatedly during the procurement process, the report said.
This created difficulties during technical and price evaluation and affected the integrity of competitive tendering which was one of the main reasons for the delay in the acquisition process, the report said.
Objectivity, equity and consistency of technical evaluation process was not evident in the Technical Evaluation Report.
Finding issues with the UPA-era deal, the audit further said a Defence Ministry team in March 2015 had recommended the scrapping of the 126 Rafale deal saying that the Dassault Aviation was not the lowest bidder and EADS (European Aeronautic Defence & Space Company) was not fully compliant with the tender requirements.
The Defence Ministry team had said that the proposal of Dassault Aviation Rafale should have been rejected in technical evaluation stage itself as it was non-compliant with RFP requirements.
The report comes as a major victory for the Narendra Modi-led BJP government which had been cornered by the Opposition parties in the matter.
Reacting to the report, Union Minister Arun Jaitley in a series of tweets slammed the opposition Congress saying “the lies of ‘Mahajhootbandhan’ stand exposed by the CAG Report”.
He said “the CAG Report on Rafale reaffirms the dictum” adding that “the truth shall prevail”.
The Congress and other opposition parties have dismissed the report as biased as auditor Rajiv Mehrishi was the Finance Secretary when the deal for 36 Rafale fighter jets was inked in 2016.
The Congress had on Sunday demanded that CAG Rajiv Mehrishi recuse himself from the audit citing conflict of interest.
“Finance ministry plays an important role in negotiations. How will CAG investigate himself?” said Congress leader Kapil Sibal.
The Congress has been accusing massive irregularities in the deal, alleging that the government was procuring each aircraft at a cost of over Rs 1,670 crore as against Rs 526 crore finalised by the UPA government when it was negotiating procurement of 126 Rafale jets.
It has also demanded a Joint Parliamentary Committee (JPC) probe into the deal.
Read | ‘Not for court to scrutinise’: What the Supreme Court said in Rafale deal verdict
The Supreme Court had earlier in December given a clean chit to the Centre on the procurement of 36 Rafale fighter jets from France.
A three-Judge bench headed by Chief Justice Ranjan Gogoi had dismissed all the petitions and said no Rafale probe was required.
India has signed an agreement with France to buy 36 Rafale fighter aircraft, costing approximately Rs 58,000-crore (about USD 8 billion), in a fly-away condition for Indian Air Force equipment upgrade.
Source: The Statesman
Posted in Air Staff Qualitative Requirements, Arun Jaitley, ASQR, CAG, Chief Justice, Comptroller and Auditor General, Congress, EADS, European Aeronautic Defence & Space Company, Finance Secretary, France, India alert, Indian Air Force, Mahajhootbandhan, Narendra Modi, Rafale, Rajiv Mehrishi, Rajya Sabha, Ranjan Gogoi, Specific Enhancements, Supreme Court, Technical Evaluation Report, Uncategorized, Union Minister, UPA government |
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14/12/2018
JP president Amit Shah, finance minister Arun Jaitley and defence minister Nirmala Sitharaman on Friday launched an attack on Congress, which has attacked the Centre for months over the Rafale fighter jet deal, and demanded an apology from the part…
BJP president Amit Shah, finance minister Arun Jaitley and defence minister Nirmala Sitharaman on Friday launched an attack on Congress, which has attacked the Centre for months over the Rafale fighter jet deal, and demanded an apology from the party.
“Rahul Gandhi should apologise to the country,” Union Parliamentary Affairs Minister Narendra Tomar demanded in parliament soon after the Supreme Court dismissed petitions that had sought a probe.
Posted in Congress, India alert, Jaitley, Rafale, Uncategorized |
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14/12/2018
The verdict comes as a major boost for the Narendra Modi government that had been cornered over the Rafale deal ahead of the five-state Assembly elections.
SNS Web | New Delhi | December 14, 2018 12:27 pm
n a big victory for the Narendra Modi led NDA government, the Supreme Court on Friday gave a clean chit to the Centre on the procurement of 36 Rafale fighter jets from France.
A three-Judge bench headed by Chief Justice Ranjan Gogoi dismissed all the petitions, and said no Rafale probe was required.
The petitions seeking probe into the deal were filed by Prashant Bhushan, Arun Shourie, former Finance Minister Yashwant Sinha, advocates M.L.Sharma and Vineet Dhanda, and AAP lawmaker in Parliament Sanjay Singh.
Taking up the petitions on Friday, the CJI said the court studied the materials carefully and interacted with defence officials, and was “satisfied” with the NDA government’s decision making process.
Here’s what the Supreme Court said in its order:
- “The court does not find substantial matter to interfere with issue of procurement, pricing and offset partner in Rafale jet deal.”
- “We studied the materials carefully, interacted with defence officials and we are satisfied with decision making process.”
- “This is not court’s job to deal with pricing details of Rafale fighter jets.”
- “We are satisfied that there is no occasion to doubt the procurement process. A country cannot afford to be under-prepared. Not correct for the court to sit as an appellant authority and scrutinise all aspects.”
- “There is no reason for interference in the choice of offset partner and perception of individuals can’t be the basis for roving inquiry in sensitive issue of defence procurement.”
- “We do not find any material to show that it is commercial favouritism.”
- “We cannot compel the government to purchase 126 aircraft.”
- “There has been necessity of fighter aircraft and country cannot remain without fighter jets.”
The bench had on November 14 reserved its verdict on a batch of pleas seeking a Rafale probe.
Reserving its verdict, the Supreme Court had said the pricing details of Rafale jets could only be discussed once it decided on whether to make it public.
The observation by the apex court had come after the government refused to publicly divulge pricing details of the deal, saying the Rafale deal pricing details are a matter of “national security” and cannot come under judicial review.
Read | Matter of ‘national security’, not for court to review Rafale deal: Centre to SC
The verdict comes as a major boost for the Narendra Modi government that had been cornered over the Rafale deal ahead of the five-state Assembly elections.
Manufactured by aerospace company Dassault Aviation, the Rafale fighter is a twin-engine Medium Multi Role Combat Aircraft.
India has signed an agreement with France to buy 36 Rafale fighter aircraft, costing approximately Rs 58,000-crore (about USD 8 billion), in a fly-away condition for Indian Air Force equipment upgrade.
Posted in India alert, Rafale, Supreme Court, Uncategorized, verdict |
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