SC cleared way for SC probe: Shourie, Bhushan, Yashwant

Former Union Minister Arun Shourie and activist advocate Prashant Bhushan on Friday hailed the Supreme Court for clearing the way for the CBI probe in the Rafale fighter aircraft deal by asking it to seek the government’s approval under Section 17A of the Prevention of Corruption Act.

They told a press conference here that Justice KM Joseph’s concurring but separate judgment on their review petition on the Court’s clean chit to Government in December has made it clear that its judgment would not stand in the way of the CBI to take action on the petitioners’ complaint.

The duo, who had moved the Court for review along with former Union Minister Yashwant Sinha, said they were compelled to move the Court because the CBI, obviously under government pressure, did not register an FIR on their complaint filed on 04.10.2018 and cited the midnight drama of removal of then CBI director Alok Verma who was inclined to take up the investigation.

Pointing out that Section 17A was brought in the Act through an amendment by the Modi government to require its prior permission for the investigation, they quoted stating in that complaint to the then CBI chief that “we are also aware that this will place you in the peculiar situation of having to ask the accused himself for permission to investigate a case against him” since the complaint is against none else but PM Modi.

They also flawed the Supreme Court dismissing their petition by relying on the “notes” of the government in sealed covers without even an affidavit as it could not have reviewed the Rafale contract without the benefit of any investigation or independent report. Their specific prayer was to direct the CBI to register an FIR and submit periodic status reports on the investigation under Article 32 as laid down by successive decisions of the Supreme Court. The duo also pointed out that the Supreme Court has not addressed the prima facie issues raised by them.

BJP’s countrywide stir

The BJP will hold a nationwide protest on Saturday to seek Rahul Gandhi’s apology as it asserted on Friday that the Supreme Court’s reiteration of its clean chit to the Modi government in the Rafale deal case has exposed the Congress leader and his party’s “lies”. BJP general secretary Bhupender Yadav told reporters that an ideological battle is acceptable in a democracy but the way Gandhi resorted to “lies” and was forced to tender an apology in the apex court for misquoting it has left him with no choice but to apologise to the nation as well.