Supreme Court allows open hearing of Rafale Review Petition

Team SoOLEGAL 27 Feb 2019 10:31am

Supreme Court allows open hearing of Rafale Review Petition

The Rafale review petition was sought on the following basis:


1.      The prayer of the petitioners for registration of FIR and investigation by CBI was not dealt with and instead the contract was reviewed prematurely without the benefit of any investigation or inquiry into disputed questions of facts.

2.      The government has blatantly misled the Hon'ble Court and the Hon'ble Court has grossly erred in placing reliance on false averments in the note not even supported by an affidavit.

3.      The entire judgement is based on disputed questions of facts in respect of which an investigation needs to be done. As the judgement is based on evidently false averments in the note not shared with the petitioners, on that ground alone the entire judgement ought to be not just reviewed but recalled.

4.      The judgment did not consider material facts that raise pertinent issues such as: absence of sovereign guarantee by France in the Inter-Government Agreement even though Defence Procurement Procedures prescribed it, objections in Indian Negotiating Team (INT) to increase the benchmark price from 5.2 billion to 8.2 billion euros, and selection of Mr. Ambani's RAL as an offset partner.

Yesterday, the bench of CJI Gogoi, Justice S K Kaul and K M Joseph decided to hear the rafale review petitions in open Court.

In addition to review petitions, the Court will also hear the petition filed by Central Government (correction petition). petition filed for initiating perjury proceedings against officials who allegedly misled the Court by submitting false information in the notes will also be heard.

The Government’s petition stated that the CAG is provided with the pricing details and that the CAG report "is examined by the PAC, and a redacted version of the report is placed in the Parliament". On the basis of this fact, the pricing details were ordered not to be examined because of the mere fact that they have been examined by the CAG and PAC. Since the CAG report was not existing at the time of judgment, the apex court's references to such a report in the judgment led to huge controversy. This led to the Government filing a "correction application" on the next day of judgment, saying that the references to the CAG report were based on misinterpretation of grammatical tenses.

Tagged: Rafale   SupremeCourt   ReviewPetition   Investigation   JusticeGogoi   JusticeSKKaul   JusticeKMJoseph  
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