Flagged and cleared: The basis on which law ministry gave Rafale Deal a go-through
New Delhi, Nov 15: The Supreme Court was told that the Union Law Ministry had flagged the absence of a sovereign guarantee from France for the Rafale Deal. The point in question was what would happen to India's security if the deal falters and results in the non-delivery of the jets and the French government fails to guarantee the recovery of funds.
Attorney General, K K Venugopal told the court that although India did not have a guarantee, it had a letter of comfort and this satisfies concerns that could arise in case of the failure of the deal.
Rafale: Govt defends decision, petitioners question it, SC reserve verdict
The
law
ministry
is
understood
to
have
cleared
the
deal
based
on
an
assurance
given
by
the
French
Prime
Minister.
Further
the
fact
that
there
was
an
adequate
in-built
mechanism
in
the
Inter
Governmental
Agreement
also
led
to
the
clearing
of
the
deal,
an
official
said.
Further
Venugopal
said
that
the
secrecy
is
not
regarding
the
price,
but
relating
to
the
weaponry
and
avionics.
Rs
670
crore
is
of
the
barebone
jet
and
not
any
of
the
specifications.
We
cannot
renegade
on
the
agreement
with
France
to
disclose
confidential
information
on
the
specifications
about
avionics
and
weaponry.
If such details come out in public domain, our adversaries will take advantage of such a disclosure. It is only out of respect for the SC that the details of the weaponry and avionic were provided, Venugopal also said.
The AG then questioned how the court could look into this issue. While opposing a judicial review the AG said that it is for the experts to examine what kind of weaponry and avionics are required. The question is whether the court is competent to deal with such an issue. The court cannot look into all this, the AG also said.
No new jets since 1985 IAF tells SC at Rafale hearing
Chief Justice of India Ranjan Gogoi then said, any discussion on the price will be only if we commit that it should come into public domain. The court also said that the government does not need to respond to the petitioners' contentions on pricing at the moment. Until we decide that the pricing needs to be debated, there is no need for you to reply on this aspect, the CJI told the AG.
The court then asked if the base aircraft under the new Rafale Deal is the same as the one that was under the agreement with HAL. The AG said that the base aircraft remains the same. However the AG added that the details of the weaponry etc was not disclosed under the old deal as well.