Here is what Supreme Court said on Rafale deal: 12 points
New Delhi, Dec 14: In a major boost to the Union Government, the Supreme Court on Friday said that it found no irregularities in the Rafale deal. The court said that there were no irregularities, no commercial favouritism and added that it would not go into the pricing.
Here are the top observations made by the Supreme Court while rejecting a batch of petitions that challenged the deal:
- No irregularities found in the government's decision making process to procure the 36 Rafale jets from Dassault under the Indo-French intergovernmental agreement.
- It is not the job of the court to go into the pricing when the need and quality of aircraft is not in doubt.
- We did not find anything wrong in the selection of the Indian offset partners by Dassault.
- No probe is required into the pricing aspect or decision making process for the purchase of the aircraft.
- We do not find instances of commercial favouritism.
- There is no occasion to doubt the decision making process in procurement of the aircraft. Minor variations in clauses should not amount to the setting aside of the contract.
- A country cannot be underprepared. It is not right for a court to sit as an appellant authority and scrutinise all aspects. The perception of individuals cannot be the basis of roving inquiry in sensitive issues such as defence procurements.
- We cannot compel a government to purchase 126 aircraft and it is not proper for the court to examine each aspect of this case. It is not the job of the court to compare pricing details.
- Personal perception of the people on the deal matters little. However the judiciary has constrained jurisdiction in examining defence deals of this nature especially when adversaries have inducted 4th and 5th generation fighters compared to none by India.
- It is up to the vendor and not the central government to decide on the offset partner. It is not for the court to step into what is appropriate. Mere press interviews cannot be the basis of the same.
- It is our considered view that in matters of contract there cannot be any uniform view of judicial review.
- Scrutiny will have to be made keeping national security in mind. Our country cannot be allowed to be underprepared.