*"Gali Gali Shor Hai …!"*

How A PSU, with Decades of Experience, Got Brusquely Displaced by a Private
Newborn, with NIL Experience, in The Rafale "Deal", Steered by the
"Chowkidar" Himself!

*Sukla Sen*

*Background of the Deal*

India, under the UPA, began the process to buy a fleet of 126 Medium
Multi-Role Combat Aircraft (MMRCA) in 2007 after the Defence Ministry
cleared the proposal from the Indian Air Force.
The contenders for the mega deal were Lockheed Martin's F-16s, Eurofighter
Typhoon, Russia's MiG-35, Sweden's Gripen, Boeing's F/A-18s and Dassault
Aviation's Rafale.
At the end of a prolonged process, bids were opened in December 2012 and
Dassault Aviation emerged as L-1 (lowest bidder).
In the original proposal,
*18 planes were to be manufactured in France, to be delivered in fly-away
condition, and 108 in India by the Hindustan Aeronautics Ltd in
collaboration with the Dassault. *Negotiations between the then UPA
government and Dassault on prices and transfer of technology commenced. The
final negotiations continued, for about just over a year, till early 2014
but it remained inconclusive by the time the next Lok Sabha poll was
notified. Subsequent to that, the UPA had to make way for the Modi-led NDA.
(Ref.:
https://www.theweek.in/news/india/2018/08/29/explained-rafale-deal-and-all-about-the-controversy.html
and <http://www.defstrat.com/rafale-hits-and-misses>.)

During his visit to France, Prime Minister Narendra Modi on April 10 2015,
almost a year after taking over the reins, in a rather stunning move and
delivering a major blow to the much-vaunted "Make in India", announced that
India will purchase 36 Rafale jets, in fly-away condition, in a
government-to-government agreement.
(Ref.: <
https://www.business-standard.com/article/economy-policy/india-france-agree-on-deal-for-36-rafale-jets-115041100049_1.html
>.)

*Major Issues*

The major issues, as regards the new "deal", which stirred up controversies
almost immediately, let's recall, are as under.

1. Non-disclosure of price, despite categorical public commitment by the
Defence Minister on November 17 2017, reiterating the one by Defence
Secretary.
(Ref.: <https://www.youtube.com/watch?v=Z0qKRCG0IPM>.)

Congress claims that per aircraft price has shot up from Rs. 520 (or 560?)
crore to Rs. 1,600 crore - a quantum jump: <
https://www.moneycontrol.com/news/politics/bring-jpc-india-wants-to-know-the-modi-ambani-deal-rahul-gandhi-2900671.html
>.
In absence of definitive "disclosure", there're other estimates as well.

2. Brushing aside of the mandatory procedure - prior scanning and clearance
by the CCS.

3. Abrupt reduction in number to be procured - from 126 to 36, without any
due diligence.

4. Scrapping of the earlier contemplated provision for transfer of
technology.

*5. Shocking displacement, all of a sudden, of the public sector HAL,
having decades of experience in the specific field, by a private sector
enterprise with no whatever experience and registered only days before
announcement of the radically revised deal. *

6. Non-resort to re-bidding, the deal having been drastically reworked.

(Ref. e.g.: <
https://scroll.in/article/889602/yashwant-sinha-arun-shourie-prashant-bhushan-rafale-defence-scandal-is-larger-than-any-thus-far>
and <
https://scroll.in/latest/894022/rafale-modi-has-compromised-national-security-claim-yashwant-sinha-arun-shourie-prashant-bhushan>.)


*Focal Point Now*

The focal point, as has now emerged, is, however, how the PSU HAL, having
decades of specialised experience in  the field got displaced a completely
new entrant, floated by Anil Ambani, only days back with a paid-up capital
of Rs. 5 lakh (!), just like that.
Let's have a look at the trajectory of developments, not in a linear
fashion though.

*Last Official Pronouncement on Dassault-HAL Negotiations before Trashing*

Foreign Secretary, S Jaishankar, during his official press briefings, in
response to a query, on April 8 2015, *on the occasion and eve of Indian
Prime Minister's impending trip to France* and, then, other European
nations:

In terms of Rafale, my understanding is that *there are discussions under
way between the French company, our Ministry of Defence, the HAL which is
involved in this. These are ongoing discussions*. [Emphasis added.] These
are very technical, detailed discussions. We do not mix up leadership level
visits with deep details of ongoing defence contracts. That is on a
different track. A leadership visit usually looks at big picture issues
even in the security field.

(Ref.: <
https://www.mea.gov.in/Speeches-Statements.htm?dtl/25044/Transcript+of+Media+Briefing+by+Foreign+Secretary+on+Prime+Ministers+forthcoming+visits+to+France+Germany+and+Canada+8+April+2015>.)



*That's just two days before the shocking announcement of the radically
revised "deal" by Modi in Paris. Clearly underlines that the External
Affairs Ministry was just nowhere in the loop.*

One report claims that even the Defence Minister himself had been informed
virtually on the very eve of Modi's departure for Paris, so that Parrikar
is not taken by surprise when journalists ask him about the new "deal":

On a warm Delhi evening on April 3, 2015, Defence Minister Manohar Parrikar
had left his South Block office and was driving to catch his flight to Goa,
when his mobile phone received an incoming call from the Prime Minister's
Office.
Could he come in urgently, an official asked, the PM would like to talk
briefly.
When Parrikar reached the PMO, Prime Minister Narendra Modi sprang a
bombshell.
Parrikar was told that, on Modi's forthcoming trip to Paris, he and French
President Francois Hollande would announce an agreement for India to buy 36
Rafale fighters.
During Modi's nine-day tour of France, Germany and Canada, Parrikar would
have to manage the media and field the inevitable questions.

(Ref.: '4 reasons why Rafale could ruin Modi and Parrikar's party', dtd.
Sept. 23 2016, by Ajai Shukla at <
http://www.rediff.com/news/column/four-reasons-why-rafale-could-ruin-modi-and-parrikars-party/20160923.htm
>.)



*Dassault CEO's Last Pronouncement on Negotiations with HAL, before
Trashing*

The Foreign Secretary's observation, let us be reminded, had come in the
wake of the Dassault CEO's pronouncement, just about a fortnight back, on
March 25 2015:

*Rafale is the next logical step. HAL and Indian industries will contribute
to the Make in India policy by developing and manufacturing it locally*
[emphasis added]," he said.
(Dassault CEO) Trapp(i)er hoped that the contract would be signed soon.
"*It's 95% finalised* [emphasis added]. The contract is being reviewed with
the Defence Ministry (India). I prefer we take time now than all the
clarifications coming later," he told reporters at a Dassault facility here.

(Ref.: <
https://www.dnaindia.com/business/report-rafale-the-next-logical-step-under-make-in-india-dassault-aviation-2071878
>.)

Pretty clear.
As clear as it could be.

*Work Share Agreement in March 2014*

In fact, just over a year before the Dassault CEO announcing that the
agreement between India and Dassault is "95% finalised", the work share
agreement had been sealed:

The Indian government and French aerospace major Dassault have sealed a
work share agreement in what is being described as a big step forward,
almost two years after negotiations began in the deal for 126 Rafale
fighter jets to be bought by India.
The government's Hindustan Aeronautics Limited or HAL will do 70 per cent
of the work on the 108 planes that will be manufactured in India. Dassault
would do the rest of the work, sources said.
The first 18 of the fighters will be fully manufactured in France and will
be brought to India in "fly-away" condition.

(Ref.: <
https://www.ndtv.com/india-news/a-big-step-in-indias-rafale-jet-deal-with-france-552565
>.)



So, by all indications, things were pretty much on track.
However, the time for the UPA government got over.

But, the Dassault CEO's comment, indicating that the arrangement between
the Dassault and the HAL was very much on track, came on March 25, was made
almost a year after the Modi government had taken over, and a fortnight
before the new "deal" would be announced.

It would be subsequently reconfirmed by the then Foreign Secretary, just
two days before the announcement, during his press briefings specifically
to elaborate on the purpose of the impending trip of the Prime Minister to
Europe, with France as the first stop.

*Testimony of HAL CMD, on Retirement*

The Dassault CEO's testimony would now be followed up with that of the just
retired CMD of the HAL, in response to incumbent Defence Minister's claim
that the HAL got dropped because of its incompetence:

 “When HAL can build a 25-tonne Sukhoi-30, a fourth-generation fighter jet
that forms the mainstay of the air force, from raw material stage, then
what are we talking about? We could have definitely done it (licence
produced the Rafale jets),” said Raju, who retired (as the chief, the CMD,
of the HAL) on September 1 (2018).

(Ref.: <
https://www.hindustantimes.com/india-news/hal-could-have-built-rafale-jets-in-india-says-former-boss/story-Cr0dMhZXToq1GBIdXY97YI.html
>.)

Here's a claim, dtd. Sept. 18, on HAL track record, on its behalf, listing
out the various aircrafts it has produced over the decades, as yet
uncontested, the twitter handle, as it transpires, has got nothing to do
with the HAL though:

Those who are saying that HAL is not capable of producing Rafale jets
should know what we at HAL have produced

 MiG-21

 MiG-27

 Jaguar

 Hawk

 Sukhoi-30

 Dornier 228



V hv also produced

 Light combat helicopter

 Light utility helicopter

 Chetak

 Dhruv

 Rudra

(Ref.: <
https://mobile.twitter.com/HAL_India/status/1042099750101643264?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwgr%5E373939313b636f6e74726f6c&ref_url=https%3A%2F%2Fd-34382670412199378398.ampproject.net%2F1809142227020%2Fframe.html
>.)



As can be seen, at the site, this was in response to Defence Ministry's
tweet:

Deal for procurement of 126 Rafale jets under UPA fell through as HAL did
not have required capability to produce them: Nirmala Sitharaman.
@DefenceMinIndia

(Ref.: <https://twitter.com/PTI_News/status/1040244215865896960>.This is
dated Sept 13 2018.)

And, finally, the bombshell from Hollande:

"We did not have a say in that. The Indian government proposed this service
group, and Dassault negotiated with Ambani. We did not have a choice, we
took the interlocutor we were given," said Hollande.
The interview was published in French and excerpts of Hollande's interview
were tweeted by French Newspaper LeMonde journalist Julien Boissou.
...
(Rahul Gandhi:) The PM personally negotiated & changed the #Rafale deal
behind closed doors. Thanks to François Hollande, we now know he personally
delivered a deal worth billions of dollars to a bankrupt Anil Ambani.
The PM has betrayed India. He has dishonoured the blood of our soldiers.
...
Responding to Congress attacks on the government for keeping Hindustan
Aeronautics Limited (HAL) out of the Rafale deal under offset clause, *both
Finance Minister Arun Jaitley and Defence Minister Nirmala Sitharaman have
been constantly stressing that Dassault and Reliance got into an agreement
on their own* [emphasis added].
Former chairman and managing director (CMD) of HAL, T Suvarna Raju, in an
interview to a media house claimed that Dassault and HAL had signed the
mutual work-share contract and gave it to the government.
He further said that the life-cycle costs of the aircraft would have been
cheaper if they were made in India.

(Ref.: <
https://www.indiatoday.in/amp/india/story/rafale-dassault-reliance-ambani-former-french-president-hollande-1345942-2018-09-21
>.)

It may be recalled here that while Prime Minister Modi had announced the
"deal" on April 10 2015, the agreement would be signed on September 23 2016.
(Ref.: <
http://www.rediff.com/news/column/four-reasons-why-rafale-could-ruin-modi-and-parrikars-party/20160923.htm
>.)

Immediately thereafter, on October 3 2016, it was announced that the
Dassault has chosen the Reliance Defence, led by Anil Ambani, as its new
Indian (offset) partner. The total value of the offset components would be
around Rs. 30,000 crore. The two companies have formed a joint venture,
Reliance Aerospace, for the purpose. An integrated facility would be set up
at Reliance Special Economic Zone (SEZ) in Nagpur. It was also indicated
there would be some other (smaller) Indian (offset) partners. (Ref.: <
https://www.thehindubusinessline.com/companies/rafale-deal-reliance-group-joins-hands-with-dassault-aviation-for-offset-contract/article9179897.ece>
and <
https://www.firstpost.com/business/anil-ambanis-reliance-group-ties-up-with-dassault-after-rafale-fighter-jet-deal-3031950.html
>.)
It'd later, on June 21 2017, be informed, that the Reliance share out of
the Rs. 30,000 crore (approx) would be Rs. 21,000 crore (approx.). (Ref.: <
https://www.thehindubusinessline.com/companies/reliance-defence-corners-offset-contracts-worth-21000-crore-on-rafale-deal/article9732240.ece
>.)
On October 27 2017 the foundation stone laying ceremony of the new facility
was held (ref.: <
https://www.financialexpress.com/industry/reliance-dassault-lay-foundation-stone-for-rs-6500-cr-dhirubhai-ambani-space-park-in-nagpur/909479/
>.)

What is interesting, pretty much interesting, to note that even as late as
on Feb. 7 2018, in a press release, the GoI, as reported by the media,
claimed that “*no Indian Offset Partner for the 2016 deal for 36 Rafale
Aircraft has been so far selected by the vendor (DA) because as per the
applicable guidelines, DA is free to select the Indian Offset Partners and
provide their details at the time of seeking offset credits, or one year
prior to discharge of offset obligation*”. (Ref.: <
https://www.financialexpress.com/defence/hollande-speak-india-gave-r-defence-name-as-rafale-partner/1322365/>
and <
https://www.financialexpress.com/defence/hollande-speak-india-gave-r-defence-name-as-rafale-partner/1322365/
>.)

Never mind.

*Responses to Hollande Remark*

While the Government of India held its peace - with no official response to
the subject Hollande comment, for a while, *the French government*, it
appears was the first to get off the ground. (It won't be too unrealistic
to visualise that SOS was sent from New Delhi to Paris, as the said comment
has no adverse implications for that government, except, obviously, for the
legitimacy of the "deal".) It *issued a rather bald, and pretty brief,
statement*:

The French government is in no manner involved in the choice of Indian
industrial partners who have been, are being, or will be selected by French
companies. In accordance with India’s acquisition procedure, French
companies have the full freedom to choose the Indian partner companies that
they consider to be the most relevant, *then present for the Indian
government’s approval the offsets projects that they wish to execute in
India with these local partners* [emphasis added] so as to fulfil their
obligations in this regard.

(Ref.: <https://in.ambafrance.org/India-15906>.)

But, even then, as the emphasised portion shows, it's rather interesting. *It
clearly asserts that while the French government has no role in selection
of its partner by the French vendor, it has got to be vetted by the Indian
government. Thus, the Indian government has a decisive role, rather
legitimately, in the approval of the partner, even if not at the time of
initial selection*.

*The next to enter the field is the Dassault*:

(I)n accordance with the policy of Make in India, Dassault Aviation has
decided to make a partnership with India’s Reliance Group. This is Dassault
Aviation’s choice, as CEO Eric Trappier had explained in an interview
published in MINT newspaper on April 17, 2018. This partnership has led to
the creation of the Dassault Reliance Aerospace Ltd (DRAL) joint-venture in
February 2017. Dassault Aviation and Reliance have built a plant in Nagpur
for manufacturing parts for Falcon and Rafale aircraft. The Nagpur site was
chosen because of the availability of land with direct access to an airport
runway, an essential condition of aeronautic activities.

(Ref.: <
https://www.dassault-aviation.com/en/group/press/press-kits/rafale-contract-india/
>.)

*Even this avoids making any direct comment on Hollande's claim*.



*Finally, the GoI. On the following day*.

It's a rather long-winded response.
By far the longest of the three.

The operative part is:

Dassault Aviation has issued a Press Release stating that it has signed
partnership agreement with several companies and is negotiating with
hundred odd other companies.  As per the guidelines, the vendor is to
provide the details of the offset partners either at the time of seeking
offset credit or one year prior to discharge of offset obligation, which in
this case will be due from 2020.
In view of above, it is once again reiterated that the Government of India
has no role in the selection of Indian Offset partner which is a commercial
decision of the OEM.

(Ref.: <http://www.pib.nic.in/PressReleaseIframePage.aspx?PRID=1546952>.



*The release, however, interjects a decidedly and deliberately misleading
observation*:

It has been reported that a JV between Reliance Defence and Dassault
Aviation came into being in February, 2017.  This is a purely commercial
arrangement between two private companies.  Incidentally, media reports of
February, 2012 suggest that Dassault Aviation, within two weeks of being
declared the lowest bidder for procurement of 126 aircraft by the previous
Government, had entered into a pact for partnership with Reliance
Industries in Defence sector.

*It's misleading at two levels*.

One, the "Reliance Industries" has got nothing to do with Anil Ambani, the
newly chosen partner of the Dassault. In fact, it's led by his elder
brother, (reportedly) a bitter and much more successful competitor Mukesh
Ambani. The two brothers had fallen out and parted ways back in 2006,
(Ref.: <https://www.diffen.com/difference/Anil_Ambani_vs_Mukesh_Ambani> and
<
https://www.bloombergquint.com/markets/2017/11/23/ambani-vs-ambani-life-after-the-split#gs.gxEE1PE
>.)

Two, as recently as on March 25 2015 the Dassault CEO publicly indicated
that its relationship with the HAL was quite on track. It'd be sort of
reconfirmed by the Indian Foreign Secy. on the following April 8.
And the work share agreement between the Dassaut and the HAL had been
signed a year earlier, more than two years after the Dassault and the RIL
joining hands in Feb. 2012 (ref.: <
https://www.telegraphindia.com/business/dassault-joins-hands-with-reliance/cid/448761
>.)

*The press release has also peddled an oft-repeated claim, patently
contrary to facts*:

As per Defence Offset Guidelines, the foreign Original Equipment
Manufacturer (OEM) is free to select any Indian company as its offset
partner.

Of course, the GoI has no formal role in selecting the partner, even then,
it could very well have made its preference and the implications of
non-compliance clear, behind closed doors, but, even formally, it has the
decisive role in vetting the partner chosen by the Dassault, as has been
unambiguously underlined by the French press release, as pointed out above.

In fact, the 'Defence Offset Guidelines, April 1, 2016', as per its cl.
8.6, provides that all offset proposals will (have to) be approved by the
"Raksha Mantri" (Defence Minister). And, the subsequent cl. 8.11 further
provides that the Defence Offsets Management Wing (DOMW) may (even)
recommend change in offset partner. (Ref.: Annexure 7 at <
https://scroll.in/article/889602/yashwant-sinha-arun-shourie-prashant-bhushan-rafale-defence-scandal-is-larger-than-any-thus-far
>.)
*That evidently nails the lie that the GoI has no role in Indian (offset)
partner selection.*

*Even more relevant here is the observation made by Arun Shourie, a Former
Commece Minister under Vajpayee*:

People do not seem to remember that Dassault was actually a company in dire
straits. It was not getting orders. This was a life-saving order for it.
You could certainly imply to them [the French government and Dassault] that
if you do not now exculpate the Indian government, then we will have to
review the contract. This statement is too convenient. Look at Hollande. He
was the one who was talking to Prime Minister Narendra Modi. Modi did not
talk to the French defence minister. He did not talk to his own foreign
secretary. The CEO of Dassault said just 10 days before the deal was signed
that they were very satisfied with the Hindustan Aeronautics Limited. In
fact, he said we have a work share agreement with them. The HAL chairman
was there. Now, suddenly Anil Ambani, who has no experience, will help like
a magic potion with components that are high technology.

(Ref.: <
https://scroll.in/article/895410/the-rafale-interview-with-arun-shourie-modi-was-embracing-hollande-then-is-he-a-liar-now
>.)

To be read together with:

If you look at the offset agreement, the work to be done is related to very
advanced technology in defence and especially aerodefence. This company had
no experience whatsoever. So, this is not one lie. This is such
shamelessness.

Also extremely telling and relevant:

He did not say they suggested. He said they left us with no choice. The
suggestion was so firm. The first point about this is that it nails yet
another lie of this government. They have not yet offered an explanation as
to how they changed the deal from 126 planes to 36 planes. Defence Minister
Nirmala Sitaraman said we did not have the infrastructure to build 126
planes. But the planes are not going to come today. They will come by 2022.
You can spend, by an initial estimate, Rs 1,20,000 crore on one bullet
train from Ahmedabad to Mumbai, you can spend Rs 3,500 crore on one statue
[Vallabhbhai Patel’s in Gujarat], you can spend Rs 4,000 crore on
advertisements of the prime minister, but you cannot spare money for the
infrastructure our air force needs. How much more idiotic can a minister
get? So, one lie after another. First, the change from 126 planes to 36
planes. Then, the selection of Reliance, a group with a debt of Rs 1,21,000
crore at that time. And they had no experience [making aircraft]. They said
they have acquired Pipavav [in Gujarat]. But actually that company was
doing work on naval vessels. They were to supply five offshore petrol
vessels. That also they have not supplied. As usual, Anil Ambani has raised
a dispute with them. That company was in fact taken to the bankruptcy board.

*Then the release has yet another (apparently) clever subterfuge*:

The reported statement perhaps needs to be seen in its full context – where
the French media has raised issues of conflict of interest involving
persons close to the former President.  His subsequent statements are also
relevant in this regard.

It has two components.

One, it hints that the former French President has a conflict of interest
as his partner is an actor in a film partly funded by the Anil Ambani group.
True, on the face of it.
But then the GoI, which has negotiated and concluded the "deal" and the
Dassault and the French government have very much similar, if not even
stronger, conflicts of interest, being party to the deal, as regards
revealing the truths about it.

Two, here's a citation, by, understandably, the most prestigious French
newspaper, of a "second" comment by Hollande, on the subject issue:

Asked by Agence France-Presse on the sidelines of a conference he gave
Friday in Montreal, Mr. Hollande stressed that the name of Reliance Group
had appeared in the context of the "new formula" of negotiations on the
purchase Rafale, decided by the Modi government after taking office.

(Ref.: <
https://www.lemonde.fr/politique/article/2018/09/22/vente-de-rafale-a-l-inde-francois-hollande-et-julie-gayet-au-coeur-de-la-polemique_5358681_823448.html?utm_term=Autofeed&utm_medium=Social&utm_source=Twitter#Echobox=1537600979
>.)

It is preceded by:

Indian and French officials say that the French aircraft manufacturer has
freely chosen to partner with Reliance Group, led by the magnate Anil
Ambani. This company had no prior experience in aeronautics.
"We did not have a say in that. (...) We took the interlocutor that was
given to us," said the former President of the French Republic (2012-2017)
François Hollande (to) Mediapart . "It is the Indian government that has
proposed this group of services, and Dassault who negotiated with Ambani."

There's no contradiction between the two sets of comment.
Here, it, however, needs be pointed that the drum beaters of the incumbent
regime have flaunted a fragment of Hollande's subsequent comment:

Amid the raging storm over Rafale deal, Former French President Francois
Hollande issued a clear denial on Saturday and said he was 'unaware' on
India putting pressure for taking Reliance on board for the deal.
When asked by French news agency AFP whether India had put pressure on
Reliance and Dassault to work together, Hollande said he was “unaware” and
“only Dassault can comment on this.”

(Ref.: 'Rafale Row: Francois Hollande Issues Clear Denial, Says ‘unaware’
Of Pressure Put By India For Selecting Reliance As Partner', dtd. Sept. 22,
at <
https://www.republicworld.com/india-news/general-news/rafale-row-francois-hollande-issues-clear-denial-says-unaware-of-pressure-put-by-india-for-selecting-reliance-as-partner
>.)

The presentation by the original source, referred to above, however, gives
out a balanced and, visibly, different picture:

We did not have a say in that," Hollande told investigative website
Mediapart. "It was the Indian government that proposed this service group
(Reliance), and Dassault who negotiated with Ambani.
"We did not have a choice, we took the interlocutor who was given to us,"
added Hollande, who was president of France from 2012-2017.
...
Speaking to AFP on the sidelines of a meeting in Canada on Friday, the
former French leader insisted that France "did not choose Reliance in any
way".
When asked whether India had put pressure on Reliance and Dassault to work
together, Hollande said he was unaware and "only Dassault can comment on
this".

(Ref.: 'Hollande fuels Rafale fighter jet controversy in India', dtd. Sept.
22, at <
https://www.afp.com/en/news/23/hollande-fuels-rafale-fighter-jet-controversy-india-doc-19b4634
>.)

Coming back to the issue of response from the French government, there's an
interesting and insightful update:

Responding to remarks by former French president Francois Hollande that the
Indian government had “proposed” Anil Ambani’s Reliance Defence as the
offset partner for Dassault Aviation in the Rafale aircraft deal, the
French Secretary of State for Foreign Affairs, Jean-Baptiste Lemoyne, said
Sunday that Hollande’s statements “render no service to France”.
Significantly, Lemoyne, who is equivalent of an Indian Minister of State,
did not contradict the remarks made by Hollande in any manner or counter
the former president’s allegation that the French “didn’t have a choice” as
Ambani’s Reliance Defence “was given to us” by the Indian government as an
offset partner for the Rs 59,000-crore deal.
Lemoyne told Radio J in France, “I believe that this small observation made
abroad concerning the important relations between France and India does not
do anyone any service, and certainly renders no service to France.” He
added, “”As one is no longer in office, one is not best placed to reflect
on a situation about aspects of the strategic partnership between India and
France that have clearly aroused controversy in India.”
...
In a statement issued on Saturday, wading uncharacteristically into
domestic French politics, the Defence Ministry said that, “The reported
statement perhaps needs to be seen in its full context — where the French
media has raised issues of conflict of interest involving persons close to
the former president. His subsequent statements are also relevant in this
regard.”
This was a reference to a report in The Indian Express on August 31 that on
January 24, 2016, Reliance Entertainment had announced entering into an
agreement with Hollande’s partner Julie Gayet’s firm, Rouge International,
to jointly produce a French film. Two days later, Prime Minister Narendra
Modi and Hollande had signed an MoU in New Delhi for the purchase of 36
French jets in flyaway condition.
Hollande told Mediapart.fr that he was not aware of the announcement of the
film with Gayet during his visit to India as he was busy with matters of
the State. According to Mediapart, the film was made on a budget of Euro 10
million, which included promised Indian funding by Reliance Entertainment
of Euro 3 million, eventually reduced to Euro 1.6 million. The funding was
done through Visvires Capital, an investment fund founded by Ravi
Viswanathan, a French citizen of Indian origin and a friend of Ambani.

(Ref.: ‘Rafale controversy: Francois Hollande doing no service to country,
says French official’, dtd. Sept. 24, at <
https://indianexpress.com/article/india/rafale-controversy-francois-hollande-doing-no-service-to-country-says-french-official-5371078/
>.)

That clearly shows up the serious concern of the current French regime to
protect the "reputation" of the Modi regime in India.
*Rather noteworthy is the fact that the French Minister simply overlooked
the claim of Hollande having contradicted himself*.

That apart, on a broader level, it's not really inconceivable that while
Modi, who virtually singlehandedly steered the new "deal" till
announcement, pushed the case of Anil Ambani - and that's plausibly why and
how the deal got completely reworked without any CCS vetting and any inputs
from the user department, for reasons not too difficult to think of,
Hollande also took advantage of the situation - arising out of the sheer
untenability of the Reliance Defence as the French vendor's Indian offset
partner, and extracted his, whatever little, pound of flesh.

In this context, worth noting is the ToI observation as a part of the
report on the subject response from France:

The choice of Reliance for a highly strategic contract to upgrade India's
ageing fleet of fighter jets had caused surprise at the time because the
group had no previous experience in the aeronautics industry.

(Ref.: 'France fears damage to India ties after Hollande fans controversy
over Rafale deal' at <
https://m.timesofindia.com/india/france-fears-damage-to-india-ties-after-hollande-fans-controversy-over-rafale-deal/amp_articleshow/65924373.cms>.)


It's rather difficult to imagine, the French government's contrary claims
notwithstanding, that while the French government will stand guarantor for
the quality and timely delivery of the Rafale jets, it'll have to do so
without having any say in the matter of selection of partners by the French
vendor.

Now, under pressure, Hollande has opted to spill the beans, maybe rather
selectively, to clear his own name.
*Quite significant is the fact that Hollande didn't argue, in his
self-defence, that the French government had no role in selection of the
French vendor's Indian offset partner(s). That'd have been so much simpler
for him, had it really been a valid argument*.

In any case, now, in the process, all the players stand the risk of getting
sucked into the quagmire, deeper and deeper.
That's, presumably why, the different players are using rather restrained
language and trying utmost not to provoke others.
But that may not help.

*Responses from Indian Politicians*

Be that as it may, post these developments, Rahul Gandhi came out in full
combat mode:

Armed with a statement of former French President Francois Hollande,
Congress president Rahul Gandhi on Saturday (Sept. 22) launched a
blistering attack on Prime Minister Narendra Modi. Mr. Gandhi alleged that
the evidence of corruption in the Rafale deal — which was exclusively
negotiated by Mr. Modi to hand over a ₹30,000 crore contract to
industrialist Anil Ambani — was undeniable.
...
“We are absolutely convinced that the Prime Minister of India is corrupt.
This question is clearly settled into minds of people that Desh Ka
Chowkidar Chor Hai (the country’s watchman is a thief),” Mr. Gandhi said on
Saturday.
Mr. Gandhi was addressing a press conference in the national capital on
comments made by former French President Francois Hollande on Friday that
Dassault Aviation (manufacturers of Rafale fighter aircraft) was given no
choice but to partner with Anil Ambani-led Reliance Defence for the offset
clause in the fighter jet deal.
Midway through the press conference, directly addressing the “youth” of the
country Mr. Gandhi said, “Do remember, that Prime Minister Narendra Modi,
the man you trusted, has personally handed over ₹30,000 crore contract to
Anil Ambani, who never made aircraft in his life. He took money from your
pockets to put it in Mr Ambani’s pocket,” Mr. Gandhi said.

(Ref.: 'Clear-cut corruption in Rafale deal, PM must clarify stance, says
Rahul Gandhi', dtd.  Sept. 22, at <
https://www.thehindu.com/news/national/clear-cut-corruption-in-rafale-deal-pm-must-clear-stand-says-rahul-gandhi/article25015305.ece
>.)

Nirmala Sitharaman, the Indian Defence Minister had earlier come out with
an even more raucous tweet, the same day morning:

The @INCIndia & Shri. @RahulGandhi repeat untruth several times and use
brazen & abusive language about @PMOIndia @narendramodi. They betray their
sense of desperation in being out-of-power. In our govt there is no
corruption. No wonder today the buzz is #RahulKaPuraKhandanChor

(Ref.: <https://twitter.com/nsitharaman/status/1043525438730121216>.)

The abuse that all of Rahul's ancestors are thieves, hurled by the Indian
Defence Minister, is, understandably, an indicator of how much the regime
has got rattled.

In any case, Ms Sitharaman was not alone:

Since Saturday, several Bharatiya Janata Party leaders, including Home
Minister Rajnath Singh and Sitharaman, have refuted allegations made by the
Congress against the Narendra Modi-led administration.

(Ref.: <
https://scroll.in/latest/895540/rafale-deal-rahul-gandhi-says-arun-jaitley-is-trying-to-defend-the-indefensible
>.)

In reply, Rahul Gandhi, apart from countering abuse with abuse, repeated an
earlier point, this time, perhaps, way more convincingly – thanks to
Hollande, out of the blue, (sort of) joining the cacophony, by asking for
"a Joint Parliamentary Committee to establish the full, uncorrupted truth.”
(Ref.: ibid.)

*Latest Updates*

The BJP, deeply shaken by the unexpected turn of events has launched a
blitzkrieg of campaign, with a helping hand extended by the mainstream
media and backed up by its own social media networks, against its opponents
on this issue. And it has made no secret of it either:

Defence Minister Nirmala Sitharaman, referring to the Congress broadside on
the Rafale jet deal, said today that she would lead a nationwide campaign
to "fight the perception battle" with a series of press conferences.
"We need to fight the perception battle. Many of us will be speaking across
the country. Facts have to come out," Nirmala Sitharaman said.
The minister also targeted Congress president Rahul Gandhi, saying his
allegations had an "international dimension" and would be exposed.

(Ref.: ‘"Perception Battle, Will Fight It": Nirmala Sitharaman On Rafale
Row ‘, dtd. Sept. 24, at <
https://www.ndtv.com/india-news/rahul-gandhis-rafale-allegations-have-international-dimensions-says-defence-minister-nirmala-sithara-1921370
>.)

Just one random sample of these campaign lines:

HAL, *sources* [emphasis added] in favour of the deal say, never had any
interest in serving as an offset partner -- instead it wanted to build the
main structure of the fighter jets here.

(Ref.: ‘Why We Chose Anil Ambani's Firm Despite Massive Debt: Dassault
Sources ‘, dtd. Sept. 24, at <
https://www.ndtv.com/india-news/rafale-deal-anil-ambanis-firm-was-registered-had-land-near-airport-dassault-defence-1921482
>.)

Quite oblivious of the fact that only the other day the Defence Minister
herself had tweeted that the reason for dropping the HAL is its
incompetence (ref.: <https://twitter.com/PTI_News/status/1040244215865896960>),
which would be strongly rebutted by none other than its just retired CMD
(ref.: ‘HAL could have built Rafale jets in India, says former boss ‘, dtd.
Sept. 20, at <
https://www.hindustantimes.com/india-news/hal-could-have-built-rafale-jets-in-india-says-former-boss/story-Cr0dMhZXToq1GBIdXY97YI.html
>).

Yet another indicator of the desperation, as it seems.
The talk of “exposing” an "international dimension", in that context,
sounds only too ominous.

*While on this, it won’t be quite out of place to recall that during the
campaign for the last Gujarat assembly poll, the Prime Minister Modi had
hurled the charge of treason against his immediate predecessor (from the
Congress) and the previous Vice President of the country only to be tamely
withdrawn by Leader of the House, Arun Jaitley, on behalf of his boss, on
the floor of the parliament, the Gujarat poll by that time having been over
with the results announced and the purpose of garnering some additional
votes having been achieved.*
(Ref.: <https://twitter.com/officeofrg/status/946038581306441728?lang=en>.)

In any case, Rahul Gandhi has come back by circulating a video clip: ‘'Sad
Truth About PM Modi': Rahul Gandhi Releases French Media House Video on
Rafale Deal', dtd. Sept. 24, at <
https://www.news18.com/news/politics/sad-truth-about-pm-modi-rahul-gandhi-releases-french-media-house-video-on-rafale-deal-1887865.html>.


It’s a rather foregone conclusion that, at least for now and most likely
till the coming Lok Sabha poll, the back and forth would continue unabated.

*Summary*

As it has been pointed out, at the very outset itself that the new "deal"
announced by Indian Prime Minister Modi on April 10 2015, in Paris, about
which even his own Foreign Secretary - the senior-most bureaucrat in the
External Affairs Ministry, which should be the nodal ministry as regards
agreements with foreign governments, tasked with the briefings to the media
on the PM's impending visit, had just no inkling, has six major issues.

But, what has now come to the very fore is how a PSU, specialised in the
specific field with decades of extensive experience (ref.: <
https://en.wikipedia.org/wiki/Hindustan_Aeronautics_Limited>) got to be,
all of a sudden, replaced by a private entity, with no whatever experience
in the field, to be bestowed with a contract valuing around Rs. 20,000
crore.

The stock argument put forward by this government, has also again been
tweeted by the Finance Minister, the most articulate one in the Union
Cabinet (?), that has been retweeted by the Defence Minister is:

The offset partner is selected entirely by the Dassault Aviation, the
original equipment manufacturer, and neither the French Government and nor
the Indian Government has any say in the matter.

(Ref.: <https://twitter.com/arunjaitley/status/1043720297847906305>.)

This has been clearly contradicted, as far as the role of the GoI is
concerned, by the press release issued by the French government and also by
the provisions in the 'Defence Offset Guidelines, April 1, 2016', as has
been elaborated above.

The circumstances, under which the French vendor, apparently, got
arm-twisted, have been rather tellingly enumerated by Arun Shourie, in a
recent interview, cited above.

The Prime Minister of India, who's at the very centre of the raging
controversy, has just kept his lips sealed, on this particular issue.

Former French President Hollande's testimony has made the things only even
murkier.

Under the circumstances, the demand for a detailed investigation by a duly
formed Joint Parliamentary Committee (JPC) is the only logical way ahead.

Indian democracy has to demonstrate its credibility by making the regime
accede to this demand.
-- 
Peace Is Doable

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