SC seeks Rafale deal price details
Top court stands firm in its demand that Centre furnishes all details about 36 Rafale fighter jets and asserts that information must be shared by the government within 10 days in a sealed cover
NEW DELHI: The Supreme Court (SC) on Wednesday stood irm in its demand that the central government furnish all details about the pricing of 36 Rafale fighter jets India is buying from France.
The government insisted that the details are confidential, but the court asserted that the information must be shared by the government within 10 days in a sealed cover.
“We would like the details of pricing and cost to be submitted to the Supreme Court in a sealed cover. This may be submitted in the next 10 days,” the bench of Chief Justice Ranjan Gogoi and Justices KM Joseph and UU Lalit said.
The judges did agree that the information is indeed “strategic and confidential.” However, the Centre should “bring details of the decision-making process of the deal in the public domain, except those that are confidential and have strategic importance,” the bench said.
“If the pricing is something exclusive and you are not sharing it with us, please ile an afidavit and say so,” the bench told Attorney General KK Venugopal in its oral observations.
The government insists that pricing details are so sensitive that they have not even been shared with Parliament.
The next hearing is posted for Nov.14 before which the petitioners can also view the government afidavit.
The bench said the “core of information” that can be brought in the public domain should be shared with the “petitioner and petitioners in person.”
The apex court has also allowed the petitioners to see a note submitted by the government. It contains details of the decision-making process through which the Centre had arrived at the deal to but 36 Rafale jets from French manufacturer Dassault.
The top court was hearing four petitions, including one by advocate Prashant Bhushan and former union ministers Arun Shourie and Yashwant Sinha who are seeking a court-monitored CBI investigation. “You will have to wait,” Gogoi said. “Let CBI put its house in order irst.”
Venugopal said the documents placed by the Centre before the court are covered by the Oficial Secrets Act.
None of the petitioners has questioned the suitability of the Rafale jets, their equipment and their utility to the Indian Air Force, the judges pointed out. “What has been questioned is the bonaide of the decision making process and the price/cost at which the same is to be procured.” The court it did not want to record any inding or view on the documents placed before it. Arun Shourie was present in the court during the hearing.
The petitions have questioned the bonaide of the government in undertaking a new deal for buying 36 Rafale jets at a cost of Rs590 billion and scrapping the earlier near-deal hammered out by the previous UPA regime for buying 126 Rafale jets, including 108 to be built in India by public sector Hindustan Aeronautics Limited (HAL).
The plea alleges that the new deal gives undue beneit to Reliance Aerospace Limited (RAL) and the escalation of price of airplanes is to account for collateral considerations.
It has also sought direction to the Centre to cease and desist from influencing or intimidating in any way the oficials that would investigate the offences mentioned in the complaint and not transfer the CBI oficials tasked with investigation.
Congress president Rahul Gandhi has led the opposition charge against the Rafale deal, repeatedly accusing the government of negotiating a notso-favourable contract just to beneit Anil Ambani. Both the government and the industrialist have denied the charge.