Rafale deal: Modi govt informs SC about reason for buying 36 jets; keeps mum on Reliance, price

Adamantly refusing to even mention about Anil Ambani in the report given by the Modi government to the Supreme Court in a sealed envelope, the Centre conspicuously remained silent on why Anil Ambani was chosen as the partner for the deal. The government dug its heels in and stated that the matter was between Dassault and Reliance, and they didn’t have any idea about it.

The BJP-led central government has described the delay by the UPA government in executing the Rafale aircraft deal as the major reason for signing a new agreement with France for Rafale. The government also said that for the immediate security needs, the government needed to import 36 aircraft in flyaway condition.

In its reply to the Supreme Court on Monday, November 13, the government told that the advancement of fighter jets by neighbouring countries and for security reason the government had to initiate a new agreement, instead of the agreement assigned by the UPA government. According to the previous agreement, 126 Rafale aircraft were to be bought from France, out of which 108 were to be manufactured in India later.

The government has not informed about the price of these 36 fighter aircrafts in its reply as the court had sought. The government argued that technical details of 36 aircraft could not be made public because that would give information to our competing countries. The government has criticised the UPA government that despite the agreement in 2010, it did not executed it.

In the affidavit filed by the government in the Supreme Court, it has been said that our enemy countries had upgraded their fighter planes. There was a delay in the delivery of 126 aircraft.

The government has also submitted a copy of the affidavit to the petitioner. It says that between 2010 and 2015, our neighbouring countries had enhanced their fighter planes. They have added 400 aircraft to their fighter fleet, which is equivalent to 20 squadrons.

Not only did our neighbouring countries have bought the fourth generation aircraft but they have started preparation to include 5th generation fleet. Such situations were becoming more worrisome for the security environment.

The affidavit of the government further states that there is a regular depreciation in number of aircraft with our air force in the country.

In the affidavit on the issue of Hindustan Aeronautic Limited being excluded from the French fighter deal, the Government chose to look the other way. It did not even mention private partner i.e. Anil Ambani’s Reliance, in the matter.

Interestingly, the government has attached the press notes issued by PIB on September 22, 2018, on the Rafale case. The government issued this press note when former French President Hollande had said in an interview that the pressure was made by the Modi Government to make Reliance company as an offset partner in the deal. It was said in the statement of the government that the joint venture agreement between Dassault and Reliance is a matter between two private companies and the Indian company has been selected by Dassault on its own discretion. And thus, the Government of India was not a partner anywhere.

The Modi government did not even give the petitioners, represented by Prashant Bhushan, the documents which they had submitted to the Supreme Court during the earlier hearing.

In the court a document of 16 pages has been submitted by the government, in which it is mentioned, ‘petitioner's copy’. In the nine pages, the story of the entire process of the decision making of the Rafael Deal has been narrated that in what context of national security reasons the Modi government had to start a new deal instead of the UPA one. Five pages have been spent to answer the issues raised on the matter of offset partner. The remaining two pages are the press note of the Ministry of Defense which PIB had issued on September 22 last year for the clarification from the government.

It has been stated in the affidavit that the purchase of 36 Rafale aircraft was executed under the new defence procurement procedure 2013.

Affidavit further states that special team for the talks had been formed from India for the purchase of 36 aircraft. The same team started a conversation with the French-led team for more than a year. Only after that the recommendation of Defense Affairs and Cabinet Committee was taken.