SC wants price, offset details of Rafale purchase
Let CBI put its house in order, first; the probe can wait, says apex court
In a step forward on the demand for a CBI probe into the Rafale deal, the Supreme Court on Wednesday sought "details with regard to the pricing/cost, particularly the advantage thereof, if any," within 10 days in a sealed cover.
As it did so, the court observed that the CBI probe – that has been requested by the petitioners -- has to wait as "the agency should put its house in order first."
Fixing the next hearing on November 14, the Bench headed by Chief Justice Ranjan Gogoi also sought information on induction of the Indian offset partner and ordered that the details be shared with the petitioners as well.
The court wanted to know the advantages in purchase of 36 aircraft in a flyaway condition by the Modi government as the petitioners have challenged cancellation of an earlier order for 126 Rafale aircraft placed by the previous UPA government.
The court sought offset details to understand the petitioners' charge that Anil Ambani was given the contract after giving the public sector Hindustan Aeronautics Limited the go by.
On Attorney General K K Venugopal's hesitation – he pleaded that the price details are so sensitive that they cannot be even shared with Parliament -- the Chief Justice shot back: "If pricing is something exclusive and you are not sharing it with us, please file an affidavit and say so."
The Bench, also comprising Justices U U Lalit and K M Joseph, asked the government to share with the petitioners within 10 days information about the steps taken in the decision making process leading to the procurement of 36 fighter jets.
On the attorney general's plea that the documents provided to the court are covered by the Official Secrets Act, the CJI said the government can share the information, "except what is strategic and confidential," to enable the petitioners to respond within next seven days.
The court, however, said it did not want to record any views at this stage on the documents placed before it regarding the decision making process.
The court was hearing four petitions, including one by former union ministers Arun Shourie and Yashwant Sinha and activist advocate Prashant Bhushan, seeking a courtmonitored CBI investigation into the Rafale deal.
Shourie, who was present in the court during the hearing, told reporters outside that "confidentiality does not relate to price, only technical specifications." He said the government has been hiding the price for whatsoever reason it may have, but it will be difficult to tell the court the pricing is confidential.
On advocate Bhushan's query pressing for the CBI probe, the CJI said: "You have to wait. Let the CBI put its house in order first." The court was told in the previous hearing that CBI chief Alok Verma had been sent on leave and an interim director had been appointed in his place, just because Verma was initiating the process for a probe into the Rafale deal.
In its order, the Bench noted that the petitioners did not question the suitability of the Rafale aircraft and its utility to the Indian Air Force. "What has been questioned is the bonafide of the decision making process and the price/cost at which the same is to be procured."
The court refused to entertain a petition filed by AAP MP Sanjay Singh, when mentioned by his counsel. "What is his interest? We don't have to entertain so many petitions."
In his petition, Singh claimed ousted CBI chief Verma had agreed to probe the Rafale deal on his complaint and so the court should clear that process halted by his midnight exit.