[<<The bench said the information must be shared by the government within
10 days and the petitioners could respond to it in the next seven days. It
posted the matter for the next hearing on November 14.
"If pricing is something exclusive and you are not sharing it with us,
please file an affidavit and say so," the bench told Attorney General KK
Venugopal in its oral observations.
It was hearing four petitions, including one by advocate Prashant Bhushan
and former ministers Arun Shourie and Yashwant Sinha who are seeking a
court monitored CBI investigation in the procurement of the fighter jets.
"That will have to wait," the CJI said, adding, "Let CBI put its house in
order first."
...
In its order, the bench observed that none of the petitioners have
questioned the suitability of the Rafale jets, their equipment and their
utility to the Indian Air Force.
"What has been questioned is the bonafide of the decision making process
and the price/cost at which the same is to be procured," the bench said.
...
It also observed that information regarding induction of the Indian offset
partner be given to the court and the petitioners.>>]

https://www.news18.com/news/india/sc-asks-centre-to-submit-rafale-pricing-details-cost-of-jets-in-sealed-cover-within-10-days-1925257.html?fbclid=IwAR30bzDAA9etZXpg5ub2vjxrcf0xz2IBI4cOtgAA60RqZqiXIxaEUKJIzG8

SC Asks Centre to Submit Rafale Pricing, Offset Partner Details in ‘Sealed
Cover’ Within 10 Days
The Supreme Court again made clear that it doesn't want technical details
pertaining to the Rafale deal and fixed November 14 as the date of next
hearing.

News18.com

Updated:October 31, 2018, 1:21 PM IST

SC Asks Centre to Submit Rafale Pricing, Offset Partner Details in ‘Sealed
Cover’ Within 10 Days
File photo of a Rafale jet.

New Delhi: The Supreme Court on Wednesday asked the Centre for pricing
details of the 36 Rafale fighter jets India is buying from France in a
sealed envelope within 10 days but agreed that "strategic and confidential"
information need not be disclosed.

A three-judge bench headed by Chief Justice Ranjan Gogoi, gave some more
leeway to the government which has been arguing that pricing details are so
sensitive that they have not even been shared with Parliament.

The Centre must bring details of the decision-making process of the deal
into the public domain, except those that are confidential and have
strategic importance, the court said.

The bench said the information must be shared by the government within 10
days and the petitioners could respond to it in the next seven days. It
posted the matter for the next hearing on November 14.

"If pricing is something exclusive and you are not sharing it with us,
please file an affidavit and say so," the bench told Attorney General KK
Venugopal in its oral observations.

It was hearing four petitions, including one by advocate Prashant Bhushan
and former ministers Arun Shourie and Yashwant Sinha who are seeking a
court monitored CBI investigation in the procurement of the fighter jets.

"That will have to wait," the CJI said, adding, "Let CBI put its house in
order first."

The attorney general had expressed reservations about disclosing the
details of pricing of the jets and said its cost was not even disclosed in
Parliament.

He also said the documents placed by the Centre before the court are
covered by the Official Secrets Act.

The bench, also comprising Justices UU Lalit and KM Joseph, said the "core
of information" that can be brought in the public domain should be shared
with the "petitioner and petitioners in person".
In its order, the bench observed that none of the petitioners have
questioned the suitability of the Rafale jets, their equipment and their
utility to the Indian Air Force.

"What has been questioned is the bonafide of the decision making process
and the price/cost at which the same is to be procured," the bench said.

The bench also noted that following its October 10 order the government has
placed before it a note giving details of the steps taken in the decision
making process leading to the procurement of 36 Rafale fighter jets.

At this stage, the bench said, the court did not want to record any finding
or view on the documents placed before it.

It also observed that information regarding induction of the Indian offset
partner be given to the court and the petitioners.

When a counsel appearing for AAP Rajya Sabha MP Sanjay Singh told the bench
he has also filed a petition in this matter, the court asked, "What is his
interest? We don't have to entertain so many petitions."

Shourie was present in the court during the hearing.

Rafale deal is a defence agreement signed between the governments of India
and France to purchase of 36 Rafale fighter aircrafts in fly-away condition
as a part of upgrading process of Indian Air Force equipment.

Rafale fighter aircraft is a twin-engine Medium Multi Role Combat Aircraft
(MMRCA) is manufactured by French aerospace company Dassault Aviation.

Indian Air Force had advanced a proposal to buy 126 fighter aircraft in
August 2007 and floated a tender and an invitation was sent to various
aviation companies to participate for the bidding process.

The petition said that in 2012, the deal for 126 Rafale fighter aircrafts
was proposed, and out of the total of 126 number, 18 Rafale fighter
aircrafts were to be delivered by Dassault Aviation company in fly-away
condition, the rest 108 Rafale fighter aircrafts were to be manufactured in
India at the Hindustan Aeronautics Limited (HAL) which is an Indian public
sector aerospace and defence unit, under a transfer of technology agreement.

That the deal was nearly finalised by 2014 by the then UPA government, it
said.

"In April 2015, Narendra Modi made a state visit to France and during a
state event the Prime Minister in Paris made an announcement to purchase 36
Rafale fighter aircrafts in fly-away condition and immediately within few
days after the big announcement of procuring of 36 Rafale aircrafts. On 13
th April 2015, the then defence minister made an announcement that the
Rafale deal is effectively dead and that India officially withdrew the 126-
aircraft MMECA tender on 30 July 2015," it alleged.

The plea said the MoD had withdrawn the 2007 tender which was for
procurement of 126 Rafale fighter aircrafts, the deal announced for
procurement of 36 Rafale fighter aircraft was all together a fresh
procurement.

The plea has also sought a direction to the Centre put on record the
agreement signed between India and France on September 23, 2016.


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