SC rejects Centre's plea, Rafale to be heard on merit


New Delhi, Apr 10 (IANS): The Supreme Court in an unanimous judgment on Wednesday rejected the preliminary objections raised by the central government, as a result the Rafale review petitions will now be heard on merits. The court will look into the documents published.

The court rejected the Centre's claim of privilege over the three documents that were annexed by the former Finance Minister Yashwant Sinha, journalist Arun Shourie and lawyer Prashant Bhushan in their plea.

The plea sought the recall and review of 2018 judgment giving clean chit to the government for acquiring 36 ready to fly Rafale fighter jets.

The top court by its December 14, 2018, judgment had said that the decision making process for acquiring the jets was not in doubt.

Dismissing the preliminary objections by the government, the Chief Justice Ranjan Gogoi, also speaking for Justice Sanjay Krishan Kaul, said that the review petition has to be heard by taking into account three documents whose admissibility was questioned by the government.

CJI Gogoi said that the date for the hearing of the review petition by Sinha, Shourie and Bhushan would be given by a separate order. Justice K.M. Joseph gave a separate but concurring judgment.

The top court had on March 14 reserved the order on the "preliminary issue and the claim of privilege by the government".

The government, while seeking privilege over the documents annexed by Sinha, Shourie, and Bhushan, had sought the removal of three "privileged" documents from the case records which it had claimed put in the public domain the information relating to the national security and the combat capacity of the fighter jet.

The government had initially claimed that the documents were stolen but later backtracked, and changed its stance saying that they were "unauthorisedly photocopied".

Sinha, Shourie, and Bhushan had annexed three documents with their two pleas - seeking the review of the court's December 14, 2018 judgment giving a clean chit to the government in the decision-making process and an application alleging perjury against the government officials for misleading the court and suppressing material information relating to Rafale deal.

Bhushan had termed the Centre's objections as "mala fide", saying that it was "not to prevent any harm to the security or defence of the country but to prevent the court from taking these documents into consideration while deciding the issue before it".

  

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Comment on this article

  • Vana Suma, KATTEL ROAD, BAJPE

    Wed, Apr 10 2019

    PEOPLE WELCOME SUPREME COURT'S DECISION. JUSTICE PREVAILED & LAW IS UPHELD. KUDOS TO JUDICIARY.
    CHOUKIDHAR CHOR HAI!

    DisAgree [1] Agree [15] Reply Report Abuse

  • RANGA, mangalore

    Wed, Apr 10 2019

    100% Modi interfered, no doubt...but its for good, for Nation...j.Last Jet purchased during Pak India war 1971...since then we are just repairing, while Pakistan has latest F16,J17 we have flying coffin MIG like North koreans....almost 10 years back Congress choose Raafel, and sat on that....now we are facing Pakistan one side, and military might China otherside...History wont pardon Modi being as a Nationalist leader , if didnt acted quickly...He did...lets be proud of it...as far as SC is concerned, few days back a lawyer demanded SC must discolse how SC judges are selected, but SC decline saying it will ruin institution..but compels Govt to reveal every secret documents and accepts even a stolen secret documents!!

    DisAgree [22] Agree [5] Reply Report Abuse

  • vijay lewis, Mumbai

    Wed, Apr 10 2019

    Its big set back for Government , they are lies are now exposed, good move by the Supreme court.

    DisAgree [5] Agree [27] Reply Report Abuse

  • D.Shetty, Mangalore

    Wed, Apr 10 2019

    its looks like scamgress appointees in SC during their tenure is paying dividend..but nothing but its waste of time that SC reviewing and Govt will decide on its own what doc it must provide..it will go on for few months until Congii salves in place then all system will be cleaned for clean chit to Govt for thier honest deal in procurement of JETS ..Jai Hind Jai Modiji

    DisAgree [29] Agree [8] Reply Report Abuse

  • Santosh Kumar, India

    Wed, Apr 10 2019

    I think nobody can stop Anil becoming pauper.
    Will Mukesh bring him up in flying kites.

    DisAgree [3] Agree [22] Reply Report Abuse

  • Gangaram, Moodbidri

    Wed, Apr 10 2019

    Its looks like in case Congress form the govt they will first ban Modi's passport before he flee from India...

    it will be in history that Indian former (Going to be former soon) PM jailed for 14 years.......

    DisAgree [6] Agree [33] Reply Report Abuse

  • Sampath, India

    Wed, Apr 10 2019

    Congress ...and government.....good Joke... First think how to cross 50 mark...then think about Rank...

    DisAgree [9] Agree [4] Reply Report Abuse

  • Alphonse Rodrigues, Udupi

    Wed, Apr 10 2019

    All the corruptions of the Cow Government was due to:
    Anna Hazare kumbakarna's deep slumber.
    S.C., will decide on the merits of Rafale Deal and not on Cow Government's lies.
    S. C. should ensure Rafale files are in safe custody.

    DisAgree [5] Agree [27] Reply Report Abuse

  • MohammedMangaluru, Mangaluru

    Wed, Apr 10 2019

    You SC will take this to 2020 for sure, No justice for anything or delayed.. Rafale is much needed to our defence why cant court make immediate review and hearing of judgement... when centre cant even protect 50 page book how can they protect the nation?? Clear cut idea to destroy our country

    DisAgree [5] Agree [36] Reply Report Abuse


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Title: SC rejects Centre's plea, Rafale to be heard on merit



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