Satya Prakash
Tribune News Service
New Delhi, March 6
As the Supreme Court began hearing review petitions on the Rafale jet deal today, the government told the court that Rafale papers were stolen from the defence ministry. The apex court, which is hearing petitions seeking a review of its December 2018 verdict refusing to order a probe into the deal, put off hearing until March 14.
The Centre took a strong exception to advocate Prashant Bhushan reading out from “secret” documents. Attorney General KK Venugopal said these documents were stolen from the government either by current or former officials.
“What have you done about it?” the three-judge Bench headed by Chief Justice Ranjan Gogoi asked the AG, who said an investigation had been ordered into the matter.
The Bench left it to the government to file an affidavit detailing the action taken.
The NDA Government signed a deal with France in 2016 for the purchase of 36 Rafale fighter jets manufactured by Dassault Aviation at an estimated cost of Rs 59,000-crore in flyaway condition. The top court had last year dismissed petitions seeking a probe into the deal.
The top court refused to hear the petition filed by AAP leader and Rajya Sabha MP Sanjay Singh seeking a review of its verdict, saying he had made “very derogatory” remarks on its verdict.
The CJI said the court would take action against him after completing the hearing on the review pleas. Before the action was taken, Singh would be given an opportunity to explain his conduct, said CJI Gogoi.
The CJI also refused to accept any new documents from Bhushan, including The Hindu reports, and asked him to confine himself to the documents on record.
Explaining the government’s case, the AG sought the dismissal of the review petitions. At one point he said without Rafale, how cpuld India resist F-16s (of Pakistan).
Venugopal requested the court to exercise restraint while commenting on the Rafale deal as such statements would be used to target either the government or the Opposition. As he asserted that courts cannot rely upon stolen documents, the Bench asked several pointed questions on the issue.
“When there is an allegation of corruption, can the government take shelter under national security?” asked Justice KM Joseph. The Bench said the government can’t take a general stand that no secret documents can be considered. There were judgments which said courts could look into secret documents even when the government had claimed privilege in terms of Section 123 of the Indian Evidence Act, Justice Joseph pointed out.
As Venugopal insisted that the petitioners must reveal the source of the documents, the CJI sought to know what if an accused established the plea of alibi based on a stolen document. “Should the Court ignore?” he asked.
Won’t give info on source: ‘The Hindu’
New Delhi: Documents related to the Rafale deal were published in public interest and nobody would get any information from The Hindu newspaper on the confidential sources who provided them, The Hindu Publishing Group chairman N Ram said. These were published because details were withheld or covered up, the veteran journalist said as the government told the SC that documents related to the deal have been stolen from the Defence Ministry and an investigation into the theft is on. PTI
Chidambaram demands publication of Rafale deal papers
New Delhi, March 7
Senior Congress leader P Chidambaram on Thursday demanded publication of all documents related to the Rafale aircraft deal, saying Article 19 of the Constitution ensured people’s rights regarding freedom of speech and expression.
He said the celebrated judgment of the US Supreme Court in 1971 in the case of the Pentagon Papers was a “complete answer” to the attorney general’s arguments that the media could not publish “so-called secret papers”.
“We fully support the publication of documents pertaining to the Rafale deal. The argument that they are ‘stolen papers’ flies in the face of Article 19 of the Constitution,” he said in separate tweets.
The Article 19 of the Constitution ensures protection of certain rights regarding freedom of speech and expression besides others.
On June 30, 1971, the Supreme Court of the United States had overturned the Richard Nixon administration’s effort to restrain ‘The New York Times’ and ‘The Washington Post’ from publishing a top-secret history of the Vietnam War called the Pentagon Papers.
The government had on Wednesday told the Supreme Court that documents related to the Rafale fighter jet deal were stolen from the Defence Ministry and threatened ‘The Hindu’ newspaper with the Official Secrets Act for publishing articles based on them.
Those who put documents on the Rafale deal in the public domain were guilty under the act as also of contempt of court, Attorney General KK Venugopal had said before a three-judge bench headed by Chief Justice Ranjan Gogoi. PTI
Pawar targets Modi over stolen Rafale documents
Mumbai, March 7
NCP chief Sharad Pawar on Thursday termed as “shocking” the Centre’s statement that documents related to the Rafale fighter jet deal have been stolen from the defence ministry, and wondered what will then be the country’s situation on the security front.
He said it was now obvious the deal was done for the “benefit of some people” and sought to know why the government hid the theft from Parliament.
He also accused Prime Minister Narendra Modi of politicising the Indian Air Force’s (IAF) air strikes on Jaish-e-Mohammed’s camp in Pakistan in retaliation to the terror outfit’s attack at Pulwama in Kashmir where 40 CRPF personnel were killed last month.
The Centre told the Supreme Court on Tuesday that documents related to the Rafale aircraft deal being stolen, prompting the opposition parties to again raise questions over the Rs 58,000-crore defence deal which is already mired in controversy.
“If confidential papers are stolen, then what will be the situation on the security front,” Pawar wondered while interacting with NCP workers in Kolhapur through video- conferencing.
“How can confidential papers go missing from the Ministry of Defence. It is clear now that the Rafale deal was done to benefit some people. Why did the government hide the theft from Parliament. The papers definitely had some important information,” he said.
Terming the government’s stand on Rafale deal issue as surprising, he said, “These are the same people who are refusing an inquiry into the deal while having demanded a probe into the Bofors case.”
Taking a swipe at the prime minister’s earlier remark “na khaoonga na khane doonga” (would not take bribes, nor let anyone do so), Pawar alleged that during Modi government’s rule, the Rafale aircraft cost was increased.
“The contract was taken away from HAL and given to a new company of industrialist Anil Ambani which had no experience in aircraft manufacturing,” he further charged.
The government and Ambani have, however, been denying any wrongdoing.
Further hitting out at Modi over IAF’s air strikes in Pakistan, Pawar said, “It is not the opposition, but PM Modi politicising the situation, and that’s sad.”
India wanted peaceful and friendly relations with all neighbours, including Pakistan. “But Pakistan’s intentions are not similar,” he said.
Even the families of martyrs are saying sacrifices of soldiers should not be politicised, he added.
Pawar also claimed that during the recent all-party meeting over the issue, the BJP did not have a representative.
Criticising the BJP-led government over its demonetisation, he claimed around 15 lakh people lost their jobs due to the note ban decision.
There is no record of how much black money was unearthed, but people had to face lot of hardships, he said. Pawar also claimed that in the last two-and-a-half years, ” 11,000 farmers have committed suicide”.
He acknowledged the role of social media and said it played a “very important role” in BJP’s victory in 2014.
Referring to the Congress-NCP alliance in Maharashtra, Pawar said two joint rallies have taken place so far and discussions are underway for a couple of seats. “Talks are on for one or two seats. A decision on who will contest those one or two seats will be taken on merits.
There will be no issues. By the time elections are announced, seat-sharing formula will be finalised,” he said. PTI
Why PM can’t be probed; justice should be for all: Rahul Gandhi on Rafale
Aditi Tandon
Tribune News Service
New Delhi, March 7
Congress president Rahul Gandhi on Thursday cited new documents to allege corruption by Prime Minister Narendra Modi in the Rafale deal and wondered why the PM should not be probed.
“Justice should be for all,” Gandhi said addressing his 13th press conference on the Rafale matter.
He targeted the government for telling the Supreme Court that the Rafale documents had disappeared from the South Block.
“A new line has emerged that documents have been stolen. That documents disappeared. Two crore jobs also disappeared, fair price for farmers also disappeared, Rs 15 lakh also disappeared, after demonetisation, jobs disappeared. The court was told files disappeared but the one who committed corruption of Rs 30,000 crore will not face any investigation. The primary purpose is to protect him, no matter what institution and what means,” Gandhi said.
He said the government had only one job—how to save the watchman?
Asked if the Congress would file an FIR after the new documents appeared in the media saying PMO conducted parallel negotiations for the 36 Rafale jets ignoring the Indian Negotiation Team (INT), Gandhi said “I’ve said, do what you want legally, but justice should be for all. On the one hand, you say papers are disappearing. They say the PM was doing parallel negotiation. What were parallel negotiations for if not to help someone? Has there been no motive the PMO would have allowed the INT to do its job.”
Gandhi who addressed an early presser since he was to leave New Delhi for his maiden pre-Lok Sabha poll rallies in Punjab and Himachal, said, “We want courts to give justice to everybody. The PM is being openly named. The file says the PMO carried our parallel negotiations. Why should the PM not be probed?”
On Narendra Modi’s recent charge that the Congress delayed the Rafale jet procurement and had Rafales been around India would have been better placed than Pakistan in the ongoing conflict, Gandhi said, “PM’s parallel negotiations for Rafale delayed the delivery schedule. You delayed the delivery because you wanted to benefit industrialist Anil Ambani and put Rs 30,000 crore in his pocket.”