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nion minister Nitin Gadkari France, saying they were not for “orna- secrecy of the deal. “So far as the price is
recently said that the gov- mentation” but essential for national concerned, it is covered Article 10 of the
ernment’s “financial avail- security. A bench headed by Chief Justice inter-government agreement (IGA). Pric-
ability” dictated the decision Ranjan Gogoi reserved verdict on the ing under Article 10 was not supposed to
U to bring down the number pleas, including the one filed by former be discussed in public domain”, he said.
of Rafale jets to be bought from 126 to Union ministers Yashwant Sinha, Arun The Centre, however, shared the
the present 36 aircraft purchase agree- Shourie and activist lawyer Prashant pricing details and the defence acquisi-
ment. In an interview to journalist Karan Bhushan, seeking review of its Decem- tion procedures with the court, he said.
Thapar, Gadkari admitted that financial ber 14 judgement which gave clean chit He also referred to the CAG report and
considerations had been behind the to the deal, media reports said. said that it has been found that the
scaling down of the order. “How can you Attorney General K K Venugopal, government got the jets at 2.86 per cent
advise me that you can take 100 planes? appearing for the Centre, referred to lower price. The government is under
At least we need that much money to the fact that Air Force in 2001-02 had obligation to put defence material under
spend them, so it is depending upon the raised the issue of acquiring 156 combat cover, he said, adding, “When the secu-
government’s financial position to pur- aircrafts. “The period from 2007 to 2015 rity of the country is involved, you do not
chase 36,” he said. was a great setback as combat aircraft view it as a contract to build a highway
On being further probed, he added, are very essential for the country,” a PTI or a dam”.
“Anything, anywhere you purchase, report quoted the top law officer as say- On the issue of registration of the FIR
you take first phase, second phase, third ing. “This is not for the purpose of the as mandated by the apex court judge-
phase and then you increase. Suppose, ornamentation. This is very essential for ment in the Lalita Kumari case, the law

Cash priorities behind Rafale

order revision, says Gadkari

The government’s ‘financial availability’, according to the minister, dictated the decision to
bring down the number of Rafale jets to be bought from 126 to the present 36 aircraft purchase deal,
reports tehelka bureau

after 36 planes, if there is an availabil- security”. Dealing with the scope of judi- officer said, “There has to be a prima facie
ity of new technology, new plane with a cial review in cases relating to defence case, otherwise they (agencies) cannot
cheaper price, then we are free to pur- procurement, he said, “No court in the proceed. The information must disclose
chase that, why we should purchase world will go into what is to be purchased commission of cognizable offence.” On
from Rafale?” in a defence deal”. the court’s question of waiver of sover-
Gadkari also said that the attacks Vehemently opposing the submis- eign guarantee in IGA and its replace-
on late Prime Minister Rajiv Gandhi by sions of lawyer Prashant Bhushan, he ment with a letter of comfort, Venugo-
Prime Minister Modi were a result of the sought dismissal of the review petitions pal said it was not an “unprecedented
Congress’ campaign, which had heaped saying that the basic grounds of these practice” and referred to such agree-
abuses on the present PM. “Rahul Gandhi pleas were the same as in the main case. ments with Russia and US where there
calls the PM a ‘chor’ (thief), this is a game “The Supreme Court has already decided was waiver of sovereign guarantee. “It
of action and reaction... It is time for the challenge to the Rafale deal. I would is a question of national security. No
political parties to increase the standard still say that the petitioners are seeking other court in the world will examine a
of political campaign. I am expecting it review of the judgment on the basis of defence deal on these kinds of argu-
from the Congress party,” he said. secret stolen documents,” he said. ments”, he said.
On May 10, the Centre had strongly He then referred to a clause 10 of He said that the word ‘fraud’ is being
defended before the Supreme Court its the IGA between France and India and bandied about and the entire docs in the
deal to buy 36 Rafale fighter jets from said that it mandated maintaining the Rafale case was never asked for by court.

Tehelka / 31 may 2019 42 www.Tehelka.com