Rafale deal: Supreme Court dismisses petitions, says no probe into pricing

The Supreme Court on Friday dismissed all the four petitions seeking a court-monitored Central Bureau of Investigation (CBI) probe into the purchase of 36 Rafale fighter jets in a ready-to-fly condition from French company Dassault Aviation.

A bench comprising Chief Justice of India (CJI) Ranjan Gogoi and justices SK Kaul and KM Joseph said, “The Supreme Court cannot sit in judgment over decision to go in for purchase of 36 aircraft in place of 126 aircrafts.”

The Supreme Court says it is not for the court to scrutinise the process of acquisition.

“The extent of permissible judicial review with respect to contracts relating to defence procurements have to be decided on fact to fact basis, Supreme Court. It is not the job of the Supreme Court to go into pricing,” said Gogoi.

“Perception of individuals cannot form the basis for interference. The examination has been primarily from the point of exercise of jurisdiction by this court under Article 32,” clarified the Supreme Court while dismissing the case.