“Monitoring of the development by way of the PMO of this Government to Government technique cannot be construed as interference or parallel negotiations.”
In its response to the Rafale evaluate pleas, the Ministry of Defence has submitted that no floor has been made out with the aid of the petitioners which could justify an assessment of the “nicely-reasoned judgment” surpassed in December ultimate year, giving a smooth chit to the BJP-led NDA authorities on the Centre.
The said judgment addresses the contentions advanced through the petitioners in this example, on the premise of compelling and incontrovertible jurisprudential ideas with reference to the scope of judicial inquiry in instances concerning the very security and defense of the state, it’s far averred.
In as plenty as the petitioners have sought a duplicate of the very last file of the Indian Negotiating Team (INT) and the facts of consultation with the Finance and Law Ministries put up the finalization of this document, besides the mins of the Cabinet Committee on Security’s (CCS) meeting of August 24, 2016 (wherein the selection became taken to growth the fee by means of nearly 2.5 billion euros from the Benchmark Price, the Sovereign Guarantee and Bank Guarantees have been dispensed with, the seat of arbitration was changed) and the mins of the conferences earlier than the signing of contract on September 23, 2016 in which fashionable provisions relating to ‘escrow account’, use of undue affect’, ‘Agents/Agency Commissions’ & get right of entry to ‘Book of Accounts’ had been dropped brushing off objections of area experts in INT, Ministry of Defence, & Ministry of Law & Justice, it’s miles contended, “the petitioners now searching for to attain a big range of documents from the Government if you want to try and by some means create a prima facie case on the idea of which the intervention of this Hon’ble Court might be sought”.
In respect of the April 10 choice of the top court docket permitting the petitioners to buttress their case with certain “mystery” file-notings claimed to be obtained unauthorisedly from the Ministry, it has been argued that
“This may want to lead to the revelation of all carefully guarded State Secrets regarding area, nuclear installations, strategic defense abilities, operational deployment of forces, intelligence sources inside us of a and outside, counter-terrorism and counter-insurgency measures and so on. This may want to have implications inside the economic area additionally if say finances proposals are posted before they’re supplied in Parliament. Such disclosures of Secret Government facts will have grave repercussions on the very existence of the Indian State”.
As to the internal record noting in which numerous views and criminal recommendation rendered by using specific corporations at different stages of the procurement procedure have been reflected/recorded, it’s miles submitted
“that those are incomplete document notings containing views expressed with the aid of various functionaries at exclusive instances and not the very last selection of the able authority of the Union Government”.
The Ministry has claimed that After the issues were raised by way of the three INT participants, extra INT meetings were hung on nine-10 June and 18 July 2016 respectively where these problems had been duly deliberated and suitable steps were taken to address these concerns. Certain concerns had been additionally referred to the Defence Acquisition Council (DAC). The INT document indicated better phrases and situations arrived at as a result of negotiation compared to the 126 MMRCA case. “The then JS & AM (Air), become one of the three signatories to the observe bringing out a few issues. The equal Officer finally has signed the note for CCS approval”, it’s far positioned forth.
“According to the petitioners’ personal admission, the evaluation has been sought interalia on the premise of next facts that have come to mild, that is not anything however unsubstantiated media reports and/or part internal document notings intentionally projected in a selective way, that can not form the basis for an overview”, the Centre has superior.
The competition of the petitioners that the prayer for registration of FIR and research with the aid of the CBI has now not been treated is countered by using describing it as “preposterous to mention the least”-
“Once this Hon’ble Court had come to the conclusion that on all of the 3 factors ie., the decision making process, pricing and Indian Offset Partner there is no purpose for intervention through this Hon’ble Court on the touchy trouble of purchase of 36 Rafale fighter aircrafts by using the Indian Government, there may be no question of both registration of FIR plenty much less an investigation with the aid of the CBI. A nonexistent difference is sought to be created between an inquiry through the CBI and by the Court via gambling on phrases…”
When the judgment turned into said on December 14, 2018, a controversy changed into stirred up as to its observations that the deal had already been tested by way of the CAG, the PAC and a redacted version of it positioned earlier than the Parliament. The very next day, the authorities had filed a correction application explaining the mismatch among its averments provided to the court docket in sealed covers and the verdict. In its reply inside the evaluate complaints, the Centre contends that