What can be described as a ‘setback’ to the BJP-led NDA alliance on the eve of Lok Sabha polls, the Supreme Court decision to reject the government’s objections to dismiss the petitioners, who were challenging the apex court’s earlier ‘clean chit’ verdict in Rafale jets deal.
Earlier, on December 14, the apex court had given ‘clean chit’ to Modi government based on documents in submitted in a ‘sealed’ cover.
On Monday, the three-member bench comprising the Chief Justice of India, observed; “review petitions against its December 14 verdict dismissing all petitions against procurement of Rafale jets will be decided on merits.”
In other words, it dismissed the Centre’s preliminary objections claiming that the documents produced afresh by the petitions were ‘stolen’ and also violates ‘official secret’ act posing serious threat to the national security.
Interestingly, the apex court had allowed the admissibility of three documents in the defence pact as evidence in re-examining the review petitions filed against its previous judgement.
The petitioners include the former Union Ministers Yashwant Sinha and Arun Shourie, besides activist lawyer, Prashant Bhushan. The apex court said earlier that they will decided the preliminary objection raised by the Centre, before pronouncing its decision on admissibility as evidence to review its ‘clean chit’ verdict.
The Centre had putforth its argument stating that the privilege over documents pertaining to the Rafale fighter jet deal with France and said those documents cannot be considered in evidence as per Section 123 of the Indian Evidence Act.
Appearing on behalf of the government, the Attorney General K K Venugopal, had contended that no one can produce them in the court without the permission of the department concerned as those documents are also protected under the Official Secrets Act and their disclosure is exempted under the Right to Information Act as per Section 8(1)(a).
Bhushan had contended that the Centre’s objections were “mala fide and totally untenable arguments”.
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