In a major setback for the Congress party, the Supreme Court today dismissed petitions seeking probe into the Rafale deal. A three-judge bench headed by Chief Justice of India Ranjan Gogoi said the court was satisfied with the procurement process and that it did not find any irregularities in the NDA government’s decision making. The court also made it clear that it did not find any reason to interfere in the pricing details or the offset partner chosen as part of the deal.
“We find no reason for any intervention by this Court on sensitive issue of purchase of 36 defence aircrafts by the Indian Government. Perception of individuals cannot be the basis of a fishing and roving enquiry by this Court, especially in such matters. We, thus, dismiss all the writ petitions,” the bench of Chief Justice of India Ranjan Gogoi, Justices S K Kaul and K M Joseph said in its 29-page judgment.
“We do not find any substantial material on record to show that this is a case of commercial favouritism to any party by the Indian Govt as the option to choose the IOP (Indian Offset Partner) does not vest with the Indian Government,” the unanimous verdict said.
The verdict said the court had also “closely” examined the price details including that of basic aircraft along with escalation costs. It said the government had claimed there was a commercial advantage in the deal for 36 jets and some better terms in deal qua weapons package and maintenance.
The bench also said, “It will not be correct for the court to sit as an appellate authority to scrutinise each aspect of the process of acquisition.”
The dismissed petitions were filed by two lawyers, an Aam Aadmi Party leader, former union ministers Yashwant Sinha and Arun Shourie and advocate Prashant Bhushan.
