Team  SoOLEGAL

CENTRE'S PRELIMINARY OBJECTIONS ON RAFALE DISMISSED BY SUPREME COURT; HEARING TO BE BASED ON MERITS

Team SoOLEGAL 10 Apr 2019 4:29pm

CENTRE'S PRELIMINARY OBJECTIONS ON RAFALE DISMISSED BY SUPREME COURT; HEARING TO BE BASED ON MERITS

The order on the issue whether the Court can look into the documents by the petitioners was reserved by the Chief Justice of India Ranjan Gogoi, Justice Sanjay Kishan Kaul and KM Joseph.

The December 14 judgment was sought to be reviewed by the Apex Court, thereby dismissing the plea for probe into the corruption allegations in the Rafale deal by relying on reports published by 'The Hindu', 'The Caravan Magazine' etc. 
One of the petitioners, Prashant Bhushan encountered the submissions of the Attorney General by saying that the documents cannot be made subject to claiming privilege as they are already in public domain. Section 123 of the Indian Evidence Act, 1872 was stated to protect only the unpublished documents.

A special reference was made to the 'Pentagon Papers Case' in which the Supreme Court of The United States had allowed  the documents to be published despite the fact that they were related to Vietnam war.

The Attorney General contended that the documents were stolen from the Ministry of Defence and they were protected by 'privilege' under Section 123 of the Indian Evidence Act. Further he said that protection is given to these documents under the Official Secrets Act and exemption is given to their disclosure under the Right to Information Act as per Section 8(1)(a). 
The preliminary objections which were raised by the Central Government were dismissed by the Apex Court today. The usage of privileged documents for the purpose of considering review petitions in the Rafale case was opposed.

The Hon'ble Supreme Court said that the review petitions based on the new documents which were referred by the petitioners and that these petitions will be heard on merits and a date will be fixed for that.

Tagged: Rafale   Supreme Court   CJI Ranjan Gogoi   Justice Sanjay Kishan Kaul   Justice KM Joseph  
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