SC’s second clean chit to Modi govt on Rafale

New Delhi, November 14 

In a relief to the Modi government, the Supreme Court today dismissed petitions seeking a review of its 2018 order, rejecting the demand for a court-monitored probe into the purchase of 36 fully-loaded Rafale fighter jets from France under an inter-government agreement.

A Bench of CJI Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph stuck to its December 14, 2018, verdict that there were no irregularities. It had said the decision-making process for purchase of jets was above board.

Dismissing the review petitions by former Union Ministers Yashwant Sinha and Arun Shourie, lawyers Prashant Bhushan and Vineet Dhanda and AAP MP Sanjay Singh, the Bench said it was not satisfied with the submission that it had decided the disputed questions of facts in the Rs 58,000 crore deal “prematurely”. 

“We are of the view that the review petitions are without any merit and are accordingly dismissed, once again, re-emphasising that our original decision was based within the contours of Article 32,” the top court said. There were two separate but concurring verdicts by the CJI and Justice Kaul while the other was by Justice Joseph.

Agreeing with the CJI and Justice Kaul on rejection of review petitions, Justice Joseph said the judgment sought to be reviewed would not stand in the way of the CBI taking action on the complaint in accordance with law and subject to the agency obtaining prior approval under Section 17-A of the Prevention of Corruption Act. 

On the allegation of irregularities on the pricing of the jets, the top court said, “It is not the function of this court to determine the prices and act on mere ‘suspicion’ of certain persons...” With regard to decision-making, the apex court said: “We decline to, once again, embark on an elaborate exercise of analysing each clause, perusing what may be the different opinions, then taking a call whether a final decision should or should not have been taken in such technical matters.” — TNS

Apologise to nation
It has been proved that disruption of Parliament over Rafale was a sham. Congress and its leader must apologise to nation. — Amit Shah

Scope for probe 
Justice Joseph has opened a huge door into investigation of Rafale scam. An investigation must now begin... — Rahul Gandhi

Controversy over
We are happy that the controversy is finally buried. — BS Dhanoa, former air force chief