Rafale plea: Supreme Court to first settle row over documents

Newdelhi:information relating to alleged corruption and human rights violations cannot be deemed to be privileged or protected, the Supreme Court observed on Thursday, responding to the government’s request that the top court not consider secret documents that form part of petitions seeking a review of its own December judgment dismissing pleas for a probe of the ₹59,000 crore Rafale jet fighter deal. A government affidavit filed on Wednesday argued that the petitioners relied on photocopies of confidential documents that could jeopardise national security and impair India’s relations with other countries. It also claimed privilege with respect to the documents under the Evidence Act, saying the court cannot take cognisance of the papers.

On the government’s stand that the secret documents are protected under the Right to Information (RTI) Act, the Official Secrets Act and Article 19(2) of the Constitution, justice KM Joseph observed: “In cases of corruption and human rights violations, even sensitive organisations have to disclose information under section 24 of the RTI Act.” “When the parliament passed the RTI Act in 2005, it brought about a complete revolution; let us not go back to what it was before the law came into existence,” justice Joseph remarked.

The top court later reserved its order on the government’s preliminary objection to the court.

The court took note of the documents, which include three sets of secret notes, one of them an eight-page dissent note written by three domain experts in the Indian team that negotiated the purchase of 36 Rafale fighter planes made by France’s Dassault Aviation.