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
July 12,2020

Hubli, Jul 12: Union Parliamentary Affairs Minister Pralhad Joshi on Sunday said that the Monsoon session of Parliament will be held with the government ensuring all health precautions for COVID-19 are followed.

"Monsoon session (of Parliament) will certainly be held. The government will do all the formalities and take all precautions," the Parliamentary Affairs Minister told reporters here.

Earlier in March, the Parliament had passed 12 bills during the curtailed budget session with Lok Sabha passing 15 bills and Rajya Sabha 13.
During the session, 19 bills were introduced in the two Houses (18 in Lok Sabha and 1 in Rajya Sabha). The two Houses were adjourned sine die after completion of the budgetary process including passage of the Finance Bill.

The second part of the session was curtailed in view of the threat of the spread of coronavirus.
On June 1, Rajya Sabha Chairman M Venkaiah Naidu and Lok Sabha Speaker Om Birla had held a detailed discussion on holding the ensuing monsoon session of Parliament in view of the coronavirus-induced norm of social distancing, sources said.

They said the leaders have taken note of reports suggesting that the fight against COVID-19 is likely to be a long haul.

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Agencies
April 24,2020

New Delhi, Apr 24: The Central government said on Wednesday that the number of COVID-19 cases in the country is now doubling in every 10 days, adding that had the lockdown not been imposed on time, the number of cases would have sky-rocketed to over one lakh by now.

"Had we not taken the decision to impose nationwide lockdown, we would have had around one lakh COVID-19 cases by now. This is a reasonable estimate," said Niti Aayog member V.K. Paul.

Paul, who is also the Chairman of the government's Empowered Committee- 1, said the "cases are now doubling in every 10 days."

"As on March 21, our doubling time of cases was three days. Results started showing on March 23, due to travel restrictions imposed earlier. On April 6, further slowing of doubling rate became visible, thanks to the nationwide lockdown," he added.

He further added that the decision to impose the lockdown was timely and asserted that the curve has begun to flatten.

"Nationwide lockdown helped take us away from the exponential growth curve and thereby contain the growth of COVID-19 cases," he said.

Paul further added that surveillance has been a great strength in containing the spread of the virus.

"Besides containing the spread, augmenting testing and improving preparedness, the nation has brought about a massive behavioural change through a ‘Jan Andolan' (mass movement)," he said.

Meanwhile, the number of confirmed cases in the country has crossed the 23,000-mark, with 718 deaths. Globally, the number of cases has crossed 2.7 million while the death toll has mounted to 1.9 lakh.

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News Network
May 20,2020

United Nations, May 20: Highlighting India's long-standing history of promoting inclusive and peaceful societies, a top UN official on Tuesday voiced concern over incidents of "increased hate speech and discrimination" against minority communities in the country following the adoption of the Citizenship Amendment Act.

Under-Secretary-General and UN Special Adviser on the Prevention of Genocide Adama Dieng, however, welcomed Prime Minister Narendra Modi’s call for unity and brotherhood in the wake of the COVID19 pandemic.

Dieng said in a note to the media on Tuesday that he is "concerned over reports of increased hate speech and discrimination against minority communities in India" since the adoption of the Citizenship Amendment Act (CAA) in December 2019.

The Indian government has maintained that the CAA is an internal matter of the country and stressed that the goal is to protect the oppressed minorities of neighbouring countries.

The CAA, which was notified on January 10, grants Indian citizenship to non-Muslim minorities migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.

"While the objective of the act, to provide protection to minority communities is commendable, it is concerning that this protection is not extended to all groups, including Muslims. This is contrary to India’s obligations under international human rights law, in particular on non-discrimination,” Dieng said.

The Special Adviser recognised "India’s long standing and well recognised history of promoting inclusive and peaceful societies, with respect for equality and principles of non-discrimination.”

He also welcomed recent statements by Prime Minister Modi that the COVID-19 pandemic “does not see race, religion, colour, caste, creed, language or border before striking and that our response and conduct...should attach primacy to unity and brotherhood.”

Dieng encouraged the Government of India to "continue to abide by this guidance by ensuring that national laws and policies follow international standards related to non-discrimination and to address and counter the rise of hate speech through messages of inclusion, respect for diversity and unity.”

He further reiterated that he would continue to follow developments and expressed his readiness to support initiatives to counter and address hate speech.

The hate speech and the dehumanisation of others goes against international human rights norms and values, he added.

“In these extraordinary times brought about by the COVID-19 crisis it is more important than ever that we stand united as one humanity, demonstrating unity and solidarity rather than division and hate,” he said.

Dieng also expressed concern over reports of violence during demonstrations against CAA in some regions of India.

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