Give details on decision-making process of Rafale deal, SC to govt

Stops short of issuing notice to govt, says it would not go into the pricing and suitability of the deal

The Supreme Court (SC) on Wednesday sought details of the government’s Rafale jet fighter deal with France, overruling the vehement objection of the government against court interference in the matter invoking issues of national security. 

The Bench presided over by Chief Justice Ranjan Gogoi was hearing three writ petitions alleging corruption and nepotism in the deal announced by Prime Minister Narendra Modi and the then French President Francois Hollande in 2016.

The court clarified in its short order that it would not go into the pricing and suitability of the jets. The details will be given in a sealed cover by October 29 and the case will be taken up after that.

The Bench, also consisting of Justices S K Kaul and K M Joseph, clarified further that it has not taken into account the allegations made by the petitioners, which are “grossly inadequate”. In its order, the judges explained that by examining the details, they wanted to satisfy themselves on the steps leading to the decision-making.

This was in answer to Attorney General K K Venugopal’s objection to judicial review in this sensitive matter. Venugopal, who was representing the government in court, had alleged these were not public interest petitions but politically inspired moves when the elections were approaching and the government and the Opposition were bitterly fighting over the deal. If the court issues notice, the prime minister’ name would be dragged in to make political gains, he said. Since international treaties are involved, the court should not interfere in the matter, he pleaded. 

 When the judges asked whether the court could ask for the details of the procedure in a sealed cover, Venugopal opposed to that as well, stating that even he would not get the details. Whatever details are to be made public have been given to Parliament. Protocol prevented further details to be disclosed.

The court silently heard the petitioners, lawyers M L Sharma and Vineet Dhanda, for about 15 minutes. The third petition was withdrawn. 

Though the court stopped short of issuing notice, it is an embarrassment to the government as the order amounts to a Damocles sword hanging over the whole affair. The court can take up the issue after going through the documents submitted by the government. 

In earlier cases also the court had demanded sensitive documents in sealed covers. In the 1990’s the court demanded details of the Hawala scandal in which bribery payments to high-ranking politicians and bureaucrats were alleged. Late Justice J S Verma then grilled CBI sleuths behind closed doors for hours on several days. In recent times, the court had demanded secret documents in sealed covers in 2G spectrum, Coalgate and other scams.

Row over Rafale deal

• The SC  sought details of Rafale jet fighter deal, overruling vehement objection of the govt against court interference in the matter invoking issues of national security
• The Bench clarified that it has not taken into account the allegations made by the petitioners, which are ‘grossly inadequate’ 
• Attorney General K K Venugopal had alleged that these were not public interest petitions but politically inspired moves ahead of the LS polls
• Since international treaties are involved, the court should not interfere in the matter, Venugopal pleaded