Rafale deal: Centre wants SC to dismiss all review petitions

Agencies
May 25, 2019

New Delhi, May 24: The Centre has filed written submissions in the Supreme Court stating that all review petitions seeking investigation into the Rafale deal should be dismissed. The submissions were filed in the apex court on Friday.

Earlier, advocate Prashant Bhushan, one of the petitioners in the Rafale case, had argued that December 14 judgment did not take note of the plea seeking an investigation in the matter and registration of the first information report (FIR).

He claimed that there was no precedent of the Comptroller and Auditor General of India (CAG) redacting pricing details from its report regarding the deal.

"Not even in one case in the past, pricing details have been redacted. It was unprecedented that pricing details were redacted," he contended before the bench, also comprising Justices Sanjay Kishan Kaul and KM Joseph.

Bhushan also questioned as to why the standard anti-corruption clauses relating to the deal were allegedly deleted by the Cabinet Committee on Security (CCS).

"Eight standard clauses including all standard anti-corruption clauses were dropped from the Inter-Governmental Agreement (IGA) post-August 24, 2016 in Rafale deal and the same was not informed to the court," he said.

"A lot of crucial information was suppressed from this court and the impugned judgment was obtained on the basis of fraud played upon the court by the government," the lawyer said.

In his arguments, Attorney General (AG) KK Venugopal, representing the government, said, "There is no question of any corruption. The court has already decided that in the Rafale case verdict (on December 14 last year)."

On the pricing of the fighter jets, he said: "The issue was covered under Article 10 of the Inter-Governmental Agreement and was not supposed to be discussed in public domain."

Venugopal contended that the court did not want the pricing to be disclosed but had only asked for the procedure adopted in the deal.

"We produced the procedure. And even if there are errors in it, that will not be a ground for review. The entire judgment cannot be set aside," he said.

"The lives of pilots were at risk. The 126 MMRCA process was not working. So a conscious decision was taken by the government to go ahead with the procurement of the 36 Rafale aircraft," the Attorney-General submitted.

The bench then questioned Venugopal on the initial dissent expressed by three experts. "These officers later agreed to all the clauses and the decision was taken unanimously. It was then placed before the CCS," he replied.

The review petitions were filed by Yashwant Sinha, Arun Shourie, Prashant Bhushan, and others.

In the December 14 judgment, the Supreme Court had said that there was no occasion to doubt the decision-making process in the deal.

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News Network
January 30,2020

Mumbai, Jan 30: The Shiv Sena on Thursday endorsed Union home minister Amit Shah's view that alleged inflammatory statements made by Sharjeel Imam, an anti- Citizenship (Amendment) Act (CAA) activist, were dangerous.

No politics should be done on the issue, and such "pest" afflicting the country should be finished off, it said.

Imam was arrested on Tuesday in connection with his speeches at Jamia Millia Islamia University in Delhi and in Aligarh during anti-CAA protests.

He has been booked for sedition, among other offences.

In an editorial published in its mouthpiece `Saamana', the Sena, a former ally of the BJP, said, "We agree with union home minister's comments that Sharjeel Imam's alleged words of separation are more dangerous than that of Kanhaiya Kumar."

Kumar, former student leader from Jawaharlal Nehru University, had been arrested over alleged separatist slogans shouted during a protest on varsity campus.

The Sena, which has formed alliance with the Congress and NCP to come to power in Maharashtra, is often seen walking a tightrope to preserve its credentials as a pro-Hindutva party.

"The union home ministry, while initiating action against Imam, should not indulge in politics and try to finish off this pest that is afflicting our country," the editorial said.

"One must find out why such language of breaking up this country into pieces is being used by the educated youth of this country more and more frequently. Who is spewing such venom into the mind of Sharjeel who did his graduation from IIT-B and now pursuing PhD from JNU?" the Sena asked.

"Even people involved in Elgar Parishad at Pune are facing sedition charges and these people have been known as intellectuals and are well-known personalities," said the party.

"A conspiracy to bring about a conflict between Hindus and Muslims and ensure continuance of anarchy and civil war as in Iraq and Afghanistan exists. The boost for such activities is coming from a 'political laboratory'," the editorial said.

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News Network
April 8,2020

Jamnagar, Apr 7: A 14-month-old baby boy, who had tested positive for coronavirus in Gujarat's Jamnagar district on April 5, died of multiple organ failure on Tuesday, said officials.

The toddler, son of a migrant labourer-couple having no recent travel history, died in the evening at a government hospital in Jamnagar, said an official release.

He was in a critical condition ever since he was admitted to the hospital, it said.

The boy, who tested positive for coronavirus two days ago, was as on ventilator support and eventually died due to multiple organ failure, said the release.

He becomes the youngest patient to succumb to COVID-19 in Gujarat, where the death toll has now gone up to 16.

The baby was the first and the only case of coronavirus infection so far in entire Jamnagar district and the youngest to be diagnosed with the disease in Gujarat.

Ever since he tested coronavirus positive, the authorities had been tracing the source of his infection.

His parents are from Uttar Pradesh and work as casual labourers in factories in the port city.

His parents, who have no travel history in the recent past, are asymptomatic (not showing symptoms) and kept under quarantine, officials said.

The locality where the couple resides in Dared village near Jamnagar city has been put under complete lockdown to check the spread of the virus, they said.

Gujarat has so far recorded 175 coronavirus positive cases and 16 fatalities.

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News Network
May 15,2020

New Delhi, May 15: Union Health Minister Harsh Vardhan has appealed to all states and Union Territories to ban the sale of smokeless tobacco products and spitting in public places in line with the orders of the Rajasthan and Jharkhand governments to prevent the spread of coronavirus infection.

In a letter to all state health ministers, Vardhan said smokeless tobacco users have a tendency to spit in public places or otherwise and therefore, increase health risks especially those of spreading contagious diseases like COVID-19, tuberculosis, swine flu, encephalitis and others.

"Use of smokeless tobacco also creates an unhygienic environment which further spreads the diseases. The large gathering at the retail outlets where smokeless tobacco products are sold, also pose the risk of spread of COVID-19," he said.

In the letter dated May 11, the Union minister underlined that tobacco use is a major threat to public health globally. He also mentioned the Indian Council of Medical Research's (ICMR) appeal to the public not to consume and spit smokeless tobacco products in public places.

Chewing tobacco products and areca nut increases the production of saliva followed by a very strong urge to spit. Spitting in public places could enhance the spread of the COVID-19, Vardhan said.

"By banning spitting in public places, states and UTs can help in achieving not only Swachh Bharat but also Swasth Bharat (Clean India and Healthy India)," he said.

Vardhan also mentioned the May 1 guidelines issued by the Union Home Ministry under the National Disaster Management Act, 2005, which stipulate that "spitting in public places shall be punishable with fine as may be prescribed by the state/UT local authority and consumption of liquor, pan, gutkha, tobacco etc in public places is not allowed".

Appreciating the efforts of Rajasthan and Jharkhand in this direction, the Union Health Minister urged all states to take similar measures and create widespread awareness regarding the harm of spitting in public places.

The Rajasthan government had by an ordinance banned spinning in public places and sale of paan, gutka and tobacco in the wake of the coronavirus outbreak. The Jharkhand too has imposed a complete ban on all types of tobacco products to prevent spitting in public places that could increase the spread of coronavirus infection.

"I am happy to note that the governments of Jharkhand and Rajasthan have already completely banned the sale of tobacco products and spitting in public places. Therefore, I urge upon you to take similar measures and also create widespread awareness in your state/ UT regarding harms of spitting in public places.

"It is also requested that the directions of Ministry of Home Affairs in this regard may be implemented scrupulously and effectively," Vardhan said in the letter.

Tobacco smoking is a known risk factor for many respiratory infections and increases the severity of related diseases. A review of studies by public health experts convened by WHO on April 29 found that smokers are more likely to develop severe diseases, compared to non-smokers, said Binoy Mathew, senior programme officer of Voluntary Health Association of India.

It is one of the main risk factors for a number of chronic ailments, including cancer, lung and cardiovascular diseases, he said, adding that according to the Global Adult Tobacco Survey, with 268 million or 28.6 per cent of all adults in India, the country has the second largest number of tobacco users in the world.

At least 12 lakh die from tobacco-related diseases every year, Mathew said.

Those keen to quit smoking and smokeless products can avail of free of charge telephone-based services launched by the government. The Ministry of Health has set up a National Tobacco Quit Line Services to provide counselling services to help tobacco consumers quit the habit.

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