Centre Files Fresh Affidavit on Rafale, Says 2018 Judgment Correct

Centre said on Saturday that SC’s 14 December 2018 judgment, which upheld the deal of 36 Rafale jets, was correct.

Centre said that SC’s 14 December 2018 judgment, which upheld the deal of 36 Rafale jets, was correct.

(Photo: Altered by The Quint)

The Centre on Saturday, 4 May, filed fresh affidavits in the Supreme Court against a review petition seeking an inquiry into the Rafale fighter jet deal.

It said that the 14 December 2018 judgment of the apex court, which upheld the deal of 36 Rafale jets, was correct.

In the affidavit, the Centre said unsubstantiated media reports and incomplete file notes “deliberately projected in a selective manner” cannot form the basis for a review.

In the affidavit, the Centre also said that monitoring of progress of the Rafale deal by the PMO cannot be construed as interference or parallel negotiations.

The government has also said in the new affidavits that reviewing procurement of the fighter jets will impact national security. It has asked the court to dismiss the review plea right away.

The next date of hearing has been set for Monday, 6 May.

The SC had on Monday allowed the Centre to circulate a letter for adjournment of the hearing. The Centre had filed a plea to defer the Rafael verdict review hearing, fixed for Tuesday, on grounds that it needs time to file reply on merits.

The top court had on 10 April allowed the pleas asking the court to review its judgement on Rafale deal based on media reports on leaked documents. The petitioners had urged the court to dismiss the government's objections claiming "privilege" on the documents.

The Centre had contended before the court that the three privileged documents were removed from the government ministry concerned without authority, and then these documents were used by the petitioner to file review petition challenging the top court judgment of 14 December 2018.

In the 14 December judgment, the court had dismissed all pleas challenging the Rafale fighter jets deal.

India and France got into a deal in 2015 for the procurement of fighter jets.

The Centre has contended that the documents were protected under the Official Secrets Act, and therefore, not admissible as evidence in the court, but the Supreme Court rejected it.

The court had noted that the documents were published in consonance with the freedom of speech guaranteed under the Constitution.

Here is a copy of the review petition: