6 years ago
New Delhi:
The Supreme Court on Wednesday reserved its order on the crucial hearing on pleas seeking a court-monitored probe into the procurement of 36 Rafale fighter jets from France. Deputy Chief of Air staff, Air Marshal V R Chaudhari and two other officers from Indian Air Force appeared in the Supreme Court to assist it on the issue of the procurement of 36 Rafale fighter jets from France.
The officers appeared before a bench headed by Chief Justice Ranjan Gogoi had sought their assistance in the case.
On Monday, the Centre handed over a 14-page document to the Supreme Court came after discussions between Finance Minister Arun Jaitley, Defence Minister Nirmala Sitharaman and Attorney General KK Venugopal, reports said.
The document -- provided to a bench headed by Chief Justice of India Ranjan Gogoi in a sealed cover -- has the approval of Prime Minister Narendra Modi, news agency PTI added.
The petitioners are likely to respond to the contents of the documents in which it has been stated by the government that the deal for 36 Rafale jets were negotiated on "better terms" and the Defence Procurement Procedure laid out in 2013 were "completely followed".
Here are the LIVE updates on the Rafale deal hearing:
"IAF has been writing to us that it will be difficult for them to defend our country due to shortage of aircraft, we have fallen behind a lot", Attorney General KK Venugopal concludes his arguments.
Deputy Chief of Air staff, Air Marshal V R Chaudhari and two other officers from Indian Air Force appeared in the Supreme Court to assist it on the issue of the procurement of 36 Rafale fighter jets from France.
The officers appeared before a bench headed by Chief Justice Ranjan Gogoi had sought their assistance in the case.
"We are dealing with the requirements of the Air Force and would like to ask an Air Force officer on Rafale jets. We want to hear from an Air force officer and not the official of the Defence Ministry on the issue," the bench said when the Attorney General began his arguments on behalf of the Centre in the pre-lunch session Wednesday.
Chief Justice: Which are the countries flying Rafale, CJI Gogoi.
IAF- France, Egypt and Qatar since 2014
Attorney General: Ee had exercise with France on Rafale - In 2010 in France and 2014 in India
"What is the latest induction to IAF?", Chief Justice asks Air Marshall. Sukhoi, answers the Air Marshall.
Also says that no new Generation inductions between 1985 to 2018
Bench begins interaction with Air Marshall and Air Vice Marshall
"Which is the latest induction into IAF", Chief Justice Gogoi.
"Sukhoi 30" is the response.
Hearing resumes in Supreme Court.
Air Marshall and Air Vice Marshall present in court.
"They will be able to answer Your Lordships queries", AG Venugopal.
- Reliance was allotted 289 acres... but they took only 104 acres... Even after that they only made part payment. The remaining payment only arrived in 2017.
- (Dassalt CEO) Eric Trappier said they didn't go with HAL because they didn't have land. This is not true as HAL had applied for land. Also, they had lot of land in the vicinity of the airport in Bengaluru. So that statement of Mr Trappier isn't true.
- Now... We all heard what (Former French President) Francois Hollande had to say. Let Mr Trappier say publicly that Mr Hollande lied.
Congress leader Kapil Sibal is holding a press conference.
Bench rises for lunch. It will resume hearing at 2 pm.
The Centre has told the Supreme Court to let the experts review the deal on Rafale fighter jets. Is the court competent to judicially review this (Rafale deal)? It is for excerpts to decide on weaponary. I myself didn't see the sealed cover. We are making efforts to replace several aged aircrafts," Attorney General Venugopal told the court.
Attorney General Venugopal now making submissions on the history of the Rafale deal
- Parliament has not been given the complete cost
- The price was not of loaded aircraft. Secrecy is on weapon and avionics . If it is disclosed our adversaries will benefit.
- If we have to disclose the loaded aircraft it can't be done without the consent of France
- The details of the agreement can't be revealed under RTI. Air Force feels our adversaries will take benefit.
- This matter is for excerpts to decide on weaponary
- I myself didn't see the sealed cover.
- We are just making efforts to replace several aged aircrafts
Supreme Court refuses to take on record some papers which Arun Shourie wanted to place before it
He says that there can't be any secrecy issue when government itself disclosed the price in Parliament. It's a bogus argument for government to say they can't disclose pricing. In new deal, Rafale jets cost 40% more than earlier deal.
Prashant Bhushan told the court that there was no sovereign guarantee from the side of the France government in the deal.
Prashant Bhushan is making his submissions now
- The note was handed over to us on Monday
- Three issues have been flagged - Procedure, Offset and Pricing
- There are three conditions for going for an Intergovernmental Agreement which are not satisfied
AAP leader Sanjay Singh's counsel now making his submissions.
Counsel appearing for AAP leader Sanjay Singh tells the court that pricing of the 36 Rafale aircraft deal was revealed in the Parliament twice, hence, the submission of government that pricing details cannot be made public was not acceptable.
Documents given by the Centre admits same set of aircraft as in 2007 is being bought now, he says. A new deal was announced in 2015 without cancelling the earlier deal, he adds.
ML Sharma, who has filed petition in the case, argues that the document handed over to the petitioners by the court does not contain an affidavit.
The Centre had on Monday handed over a 14-page document titled "Details of the steps in the decision making process leading to the award of 36 Rafale fighter aircraft order" to the petitioners in the case.
The bench headed by Chief Justice Ranjan Gogoi has begun hearing the case.
The petitioners are likely to respond to the contents of the documents in which it has been stated by the government that the deal for 36 Rafale jets were negotiated on "better terms" and the Defence Procurement Procedure laid out in 2013 were "completely followed".
Petitioners have sought a court-monitored investigation into the deal.
Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph will hear the case at 10:40 am.
