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A review petition under the purview of Article 137 of the Constitution of India has been moved to the Supreme Court after it had dismissed the petitions which aimed for an investigation into the Rafale Deal. The petitioners have sought for an oral hearing in the open court as they have claimed that the judgement forms its basis on the ‘errors’. They have also claimed that the court has been misled by the Center and proclaimed that the judgement is based on the false averments which is not even supported by the substantial proof of an affidavit.
The petitioners have mentioned that the court has failed in dealing with the Fundamental issue and have claimed that the judgement has been given not on the basis of material facts but substantial errors.
“No material has been brought on record by the government to show that the IAF sought for reduction of the quantities. Without going into this fundamental issue the impugned judgement errs in holding that the ‘decision making process’ was “broadly” in accordance with the Defence Procurement Procedures.”
It has also been mentioned that the Court had confused Mukesh Ambani’s Reliance Industries with Anil Ambani’s Reliance Infrastructure. The ‘erroneous recording’ of the answers that has been made on the account of decision-making process and the pricing which was given by the Air Force officers has also been challenged and had drawn court’s attention to it. It has also been found that the prayer made in front of the court for registration of FIR and a transparent investigation to be carried out by Central Bureau of Investigation was not carried out by the court and had reviewed the contract as premature without any proper investigation.
“..several new facts have come to light after the judgment was reserved in the matter, which go to the root of the matter and falsify the claims of the government which have been relied upon by the Hon’ble Court in its judgment.”
The judgement has also been criticized on the grounds that the court had relied on center’s sources regarding the pricing of the Rafale jets for which no primary documents and substantial proof is available.
The petitioners have relied on the source of an article published in The Caravan, where they have catered to the importance of the Indian Negotiating Team over several issues. Information has also been shared related to the increase of Benchmark Price which in itself is a political decision and also to waive off the sovereign guarantee.
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