Rafale: SC allows use of leaked documents, dismisses Modi govt's objections

Agencies
April 10, 2019

New Delhi, Apr 10: In a setback to the Centre, the Supreme Court Wednesday allowed leaked documents to be relied upon by petitioners seeking review of its Rafale judgement and dismissed the government's preliminary objections claiming "privilege" over them.

The Centre had submitted that privilege documents were procured by petitioners in an illegal way and used to support their review petitions against the December 14, 2018 judgement of the apex court dismissing all pleas challenging procurement of 36 Rafale fighter jets from France.

"We dismiss the preliminary objection raised by Union of India questioning the maintainability of the review petition," a bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph said. 

The apex court said it will go ahead with the hearing on the review petition on the basis of new documents referred by petitioners. 

The CJI pronounced the verdict on his behalf and for Justice S K Kaul. The second concurrent judgment was pronounced by Justice K M Joseph, who said he agreed with the conclusion of the judgment written by the CJI. 

The chief justice said Justice Joseph agreed with the judgment delivered by him but gave different reasoning. 

The judgment makes it clear that during the hearing of the review petition the bench will look into not only the question of pricing of the jet but also selection of Indian offset partner of Dassault which manufactures Rafale. 

The top court said review petitions against its December 14 verdict dismissing all petitions against procurement of Rafale jets will be decided on merits.

The apex court said it will fix a date for hearing review petitions. 

Former union minister Arun Shourie, who is one of the review petitioners, said he was delighted by the unanimous verdict.

"We are delighted it is an unanimous verdict dismissing Central government's peculiar argument on admissibility of documents. Centre's argument meant that no wrong can be done in the defence deal," Shourie said.

The other two petitioners are former union minister Yashwant Sinha and activist advocate Prashant Bhushan. 

On March 14, the apex court had reserved verdict on the preliminary objections raised by the Centre on admissibility of privileged documents annexed by Sinha, Shourie and Bhushan in their review petition.

Classified documents were sourced by the media over the Rafale deal. Citing internal reports of the Defence Ministry, the Hindu had reported that the Defence Ministry had objected to parallel negotiations by the government.

The Centre had claimed privilege over documents pertaining to the Rafale fighter jet deal with France and said those documents cannot be considered in evidence as per Section 123 of the Indian Evidence Act.

The Centre had contended that no one can produce them in the court without the permission of the department concerned as those documents are also protected under the Official Secrets Act and their disclosure is exempted under the Right to Information Act as per Section 8(1)(a).

A three-judge bench headed by Chief Justice Ranjan Gogoi had on December 14 dismissed all Public Interest Litigations (PILs) against the deal between India and France for procurement of 36 Rafale fighter jets, saying there was no occasion to "really doubt the decision making process" warranting setting aside of the contract.

The Rafale fighter is a twin-engine Medium Multi Role Combat Aircraft (MMRCA) manufactured by French aerospace company Dassault Aviation.

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News Network
April 16,2020

Kochi, Apr 16: A middle-aged man carrying his ailing father on his shoulders walked close to one-kilometre in Kerala’s Punalur when the autorickshaw he was driving was allegedly stopped by the police over the ongoing lockdown. He was bringing back his father from the hospital after he was discharged on Wednesday.

In a video that has gone viral on social media, the man can be seen carrying his bare-bodied father on the shoulders and struggling to handle the weight while a woman carrying the hospital documents, prescriptions and other items, is running along with him.

The incident took place in Punalur town of Kollam district.

The 65-year-old man, a native of Kulathupuzha, was released from the Punalur Taluk Hospital and his son was taking him home when he was stopped on the road. The man has alleged that even after he produced hospital documents, the police refused to let him pass with the autorickshaw.

The vehicle was stopped about a kilometre from their house in the middle of a traffic jam and the family had to walk the rest of the path. He said even after he told the police and showed papers from hospital he was not allowed to go.

After the video went viral in Kerala, the state human rights commission took suo motu cognizance of the incident.

The nationwide lockdown has prevented all non-essential movement in the public space while medical emergencies have been allowed. The extended lockdown will now continue till May 3.

According to the police, the vehicle did not have the patient when it was stopped. The driver was asked to show a declaration document.

He stepped out of the vehicle and walked to the hospital which was 200 metres from the checkpoint and returned carrying his father on the back, said the police.

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News Network
June 22,2020

New Delhi, June 22: Former Prime Minister Manmohan Singh on Monday asked Prime Minister Narendra Modi to be “mindful of the implication of his words” as a controversy raged over his “no intrusion” remark about the violent face-off with Chinese troops in the Galwan Valley.

“The Prime Minister must always be mindful of the implications of his words and declarations on our Nation’s security as also strategic and territorial interests,” Singh said in a statement here as Chinese media welcomed Modi’s ‘no intrusion’  remarks contending that it may lead to a de-escalation of tensions between China and India.

Congress has been maintaining that Modi’s assertions at Friday’s all-party meeting that neither was there any intrusion nor was any Indian post captured ran counter to the statements made by the Indian Army and the External Affairs Ministry.

Singh said the prime minister cannot allow his words to be used by China as a vindication of its position and all organs of the government should work together to tackle this crisis and prevent it from escalating further.

“We remind the Government that disinformation is no substitute for diplomacy or decisive leadership. The truth cannot be suppressed by having pliant allies spout comforting but false statements,” the former prime minister said.

Singh said the prime minister and the government should rise to the occasion to ensure justice for Colonel B Santosh and the army jawans who made the supreme sacrifice and resolutely defended the nation’s territorial integrity.

“To do any less would be a historic betrayal of the people’s faith,” the former prime minister said.

“At this moment, we stand at historic crossroads. Our Government’s decisions and actions will have serious bearings on how the future generations perceive us,” Singh said.

Singh said China was brazenly and illegally seeking to claim parts of Indian territory such as the Galwan Valley and the Pangong Tso Lake by committing multiple incursions between April 2020 till date.  

“We cannot and will not be cowed down by threats and intimidation nor permit a compromise with our territorial integrity,” said Singh. 

The former prime minister said this was a moment where “we must stand together as a nation and be united in our response to this brazen threat.”

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News Network
April 7,2020

New Delhi, Apr 6: Kerala Governor Arif Mohammad Khan on Monday complimented his counterparts in other states for voluntarily accepting a 30 per cent cut in their salaries and allowances in the fight against coronavirus.

Talking to the news agency over the phone, Khan referred to the announcement in this regard made by the Centre on Monday and said he had already written to President Ram Nath Kovind, asking him to reduce his salary and allowances by 30 per cent.

"It is everyone's duty to do this when the country is fighting the pandemic. Even if it is more than 30 per cent of the salary cut, we have to accept it, he said.

The country is fighting an invisible enemy and it is everybody's duty to contribute to meet the challenge, the governor said.

Khan appreciated the LDF government in Kerala and Chief Minister Pinarayi Vijayan for taking "proactive" measures in containing spread of coronavirus.

"The government is keeping me informed about the measures taken by it and I on my part give them suggestions and ideas to tackle the menace," he said.

In Kerala, "We have a capable and competent government and over 80 per cent of patients in the state are those Indians who returned from abroad or foreigners. The community spread cases are very less, he said.

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