SC asks Centre to give Rafale deal details; govt declines on security pretext

The Supreme Court has sought more details into the Rafale fighter jet deal from the government, asking it to submit the pricing of costs and advantages of the deal in a sealed cover within 10 days.

A bench comprising Chief Justice Ranjan Gogoi and Justices UU Lalit and KM Joseph also asked the Centre to share information which can be brought in the public domain with the petitioners and fixed November 14 as next date of hearing.

Attorney General KK Venugopal however objected to the disclosure of pricing details, submitting that it is covered under the Official Secrets Act. CJI Gogoi then asked him to submit the objections on affidavit, stating, “We will consider the same.”

The court has sought details on the induction of the offset partners in the deal. The apex court, however, clarified that it would not be looking at the prices of the equipment and its suitability for the Indian Air Force.

Beginning the hearing, the judges made the observation that the suitability of the jet and its utility has been questioned. "What had been questioned is the bonafide of the decision-making and price," they said.

When one of the petitioners, Prashant Bhushan, brought up the prayer of a Central Bureau of Investigation (CBI) probe into the matter, CJI Ranjan Gogoi said “that can wait” and that the Court will first consider all details of the Rafale deal.

The opposition has accused the government of going for a not-so-favourable contract to benefit Anil Ambani. Both the government and the industrialist have denied the charge.

The government argued that national security is involved and "the court is being used on the eve of polls to gain politically in the bitter fight between the government and the opposition."

After Francois Hollande's comment in an interview last month that France had no role in the selection of Anil Ambani's rookie Reliance Defence as India offset partner for Rafale-maker Dassault, the opposition has been accusing the Modi government of corruption.

The previous Congress-led UPA government had negotiated with Dassault for 126 Rafale jets under which 18 jets were to be supplied in a fly-away condition and 108 were to be manufactured in India along with state-run Hindustan Aeronautics Limited (HAL).

In the deal negotiated by the new government, Anil Ambani's firm became Dassault's offset partner with no experience in the field. As part of the offset clause, Dassault has to ensure that business worth at least half the money - Rs. 30,000 - is generated in India.