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The Supreme Court bench comprising of Chief Justice RanjanGogoi and Justices S.K. Kaul and K.M. Joseph sought the information regarding the steps that were involved in the decision making process in the procurement of the 36 Rafale fighter jets from France, which sparked huge controversy. This expression of desire to be apprised of the steps came on Wednesday while hearing the PILs instituted by Advocate VineetDhanda and Advocate M.L. Sharma. The bench further clarified that the information sought does not include the pricing or the sustainability of the said equipment for the Indian Airforce for the sensitivity of the matter. An observation was made wherein no notice was issued and the averments in the PIL which appeared to be “grossly inadequate” to the apex court were not taken into account while arriving at the present order. It is solely for the satisfaction for the Court. Attorney General K. K. Venugopal submitted that it would not be proper for the bench to entertain the petition, this being the matter of national security. Questions asked in the Parliament have only been selectively produced. He went on to say that the petition is merely a result of a fight between the ruling and opposing parties and it would not be appropriate if the court interferes in international treaties. To the bench asking for details of decision making process, Attorney General replied that it is as classified information to which even he would not be allowed to have access to. Petitioners contended that the treaty is to be quashed under Articles 49 and 51 of the Vienna Convention. They went on to allege that there was a manipulation with the prices. While the same jets were purchased by other countries at a lower cost, India was paying an exorbitant amount for the same, submitted the petitioners. Congress Leader TehseenPoonawalla was denied the withdrawal of his PIL. The PIL field by Advocate Dhanda sought direction to the Centre to reveal details of the deal and information about the contract given to Reliance Dassault. Advocate Sharma claimed that the agreement to buy 36 Rafale jets must be quashed because of the corruption involved and lack of ratification by the Parliament under Article 253. Rafale fighter jets are Medium Multi Role Combat Aircrafts with twin-engine technology, manufactured by French aerospace company Dassault Aviation. The proposal to buy 126 jets was advanced by Indian Air Force in August 2007, and companies were invited for the bidding process. Rafale deal is a part of operation for upgrading Air Force equipment of the country.
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