Secret papers in Rafale petition hurt India: Govt

Petitioners are guilty of leakage of sensitive information... those who have conspired in this leakage are guilty of penal offences... including theft by unauthorised photocopying and leakage of sensitive official documents affecting National Security GOVT’S PETITION IN SUPREME COURT

NEWDELHI: The defence ministry on Wednesday sought the dismissal of a petition seeking a review of the Supreme Court’s December judgment rejecting a court-monitored review of the ~59,000 crore Rafale jet fighter deal, arguing that the petitioners relied on documents that could jeopardise national security and impair India’s relations with other countries.

An affidavit filed by the ministry, a day before the top court starts hearing the review petition, said: “Documents attached by the petitioners are sensitive to National Security which relates to war capacity of combat aircraft. Since the Review Petition has been widely circulated and is available in public domain, the same is available to the enemy/ our adversaries. This puts the National Security in jeopardy.”

Resisting the stand of the peti- tioners, who want the court to take cognisance of the documents produced by them, the affidavit filed by defence secretary Sanjay Mitra said: “Petitioners are guilty of leakage of sensitive information, which offends the terms of the agreements. Additionally, those who have conspired in this leakage are guilty of penal offences under the Indian Penal Code including theft by unauthorised photocopying and leakage of sensitive official documents affecting National Security.”

Attorney general KK Venugopal told the apex court on March 6 that the review petition filed by former Union ministers Yashwant Sinha and Arun Shourie and advocate Prashant Bhushan was based on stolen papers acquired from “present or former employees” of the defence ministry and which violated the Official Secrets Act. The government’s top legal officer later said he meant the documents were photocopied.

A three-judge bench is hearing the petition against the top court’s own December verdict.