Team  SoOLEGAL

Centre asks Supreme Court to correct factual errors in Rafale verdict

Team SoOLEGAL 17 Dec 2018 11:30am

Centre asks Supreme Court to correct factual errors in Rafale verdict

The Centre on Saturday filed an application in the Supreme Court seeking a correction in the Court’s verdict in the Rafale case.

The Central Government has sought a correction in the language of two sentences in the SC’s Rafale deal verdict delivered on Friday, which it claimed have appeared because of a misinterpretation of a couple of sentences in a note handed over in a sealed cover to the top court by the Union of India.

The most significant error in the SC’s judgement in the Rafale case, dated December 14, was its mention (in paragraph 25) that:

The pricing details have, however, been shared with the Comptroller and Auditor General (hereinafter referred to as CAG), and the report of the CAG has been examined by the Public Accounts Committee…”

Another error was in the sentence:

Only a redacted portion ...was placed before the Parliament and is in public domain.”

Some of the petitioners as well as opposition parties picked up the error and claimed the government had, in its original submission to the court, misled it.

The petition argues that the use of the word “is” was “a description of the procedure usually followed” and asked the court to replace “has been” in paragraph 25, which seems to suggest that the act has already taken place, with “is”.

Similarly, the statement that only a redacted version of the report “is” placed before Parliament is referred to in the judgment as “only a redacted portion of the report was placed before the Parliament, and is in public domain”.

In this background, the Centre has prayed that the top court direct the grammatical corrections in paragraph 25 of its order “so that any doubts and or any misunderstanding is not allowed to creep in the judgement”. 

Tagged: Error in Rafale Judgement   Application   CAG Error   Central Government   Union of India   Public Accounts Committee   PAC   Supreme Court  
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