National / World

Sinha, Shourie say 'shocking' SC verdict no clean chit for Modi


New Delhi, Dec 14 (IANS): Expressing shock and disappointment over the Supreme Court on Friday dismissing their petition seeking a court monitored CBI probe into the Rafale deal, former Union Ministers Yashwant Sinha, Arun Shourie and advocate Prashant Bhushan said the verdict "neither addressed the documented facts nor dealt with their main prayer seeking an investigation into the deal to purchase the French fighter jets".

"The judgment does not even address the documented facts stated in our petition or even deal with our main prayer seeking an investigation. In fact some of the facts mentioned in the court judgment are not only not on record but are patently incorrect," Sinha, Shourie and Bhushan said in a statement.

Pointing out that no report by the Comptroller and Auditor General (CAG) on the Rafale deal had been submitted or examined, they said the judgment was "shocking" as it was based on completely false information about the CAG report and "disappointing", that the court has taken a "conservative view of judicial review in cases of defence deal corruption involving high functionaries".

They said that the petition was based on facts which were all documented in their complaint to the CBI and claimed that some of the facts mentioned in the judgment "are not only not on record but are patently incorrect".

While the court in the verdict said that the "pricing details have been shared with the CAG, and the report of the CAG has been examined by the Public Accounts Committee (PAC)", the petitioners claimed that "no portion of the CAG report has been placed before Parliament or placed in the public domain".

"That the court has relied on such communication which is factually incorrect on 3 counts shows how dangerous it is for the court to rely on statements made in a sealed cover (not subject to scrutiny or verification) and give its judgment on that basis," they said.

"The court has also mentioned that the chief of the Indian Air Force had communicated his reservation regarding the disclosure of the pricing details which would adversely affect national security. This alleged fact was also not on record and it is not understood as to where and how the court got this," the former union ministers asked.

The petitioners also expressed shock over the court "condoning the total disregard" of procedures for the deal to purchase 36 Rafale jets announced by Prime Minister Narendra Modi in 2015.

"Were this to become the norm for subsequent judicial examination, wrong doers in control of governments would have a carte blanche. They could do what they want - as the Prime Minister (Modi) did in this instance - and then have it retrospectively rubber stamped by DAC," the petitioners said.

Sinha, Shourie and Bhushan, who have been campaigning against the Rafale deal alleging "gross irregularities" and "personal culpability of Modi", said the Supreme Court judgment was not a "clean chit" to the Modi government.

"Since the court has not examined nor said that it was examining the facts in detail, and has dismissed the petition only on the basis of its perception of its own jurisdiction under article 32 of the Constitution, this judgment can by no means be considered to be a clean chit to the government on this deal.

"The issue will continue to agitate the public mind until there is full public disclosure of all the facts and a comprehensive and independent investigation into the deal," they added.

A Chief Justice Ranjan Gogoi-headed bench dismissed the petitions holding that the decision making process was not in doubt and it cannot go into the question of pricing and choice of offset Indian partner by the French aircraft manufacturer Dassault.


Comment on this article

  • Vishal, Mangalore

    Fri, Dec 14 2018

    It is very sad that people are viewing this matter from the lens of the BJP and the Congress. This is a matter that has aroused national interest. It does not matter if you are a BJP supporter or a Congress supporter. In case the fraud has taken place, the loser is the country and its people no matter which party you support. Yashwant Sinha, Arun Shourie and the others have taken it up and as patriot Indians we should compliment and thank them for taking up this cause. As an Indian, I don't want a penny from my country to be stolen, whether Narendra steals it or Rahul robs it, I don't care. What matters to me is that the money belongs to the country and its people and no politician has any right on that. My only request to everyone here is think of the nation first. Narendra Modi or Rahul Gandhi are not important to me, India is. I sincerely hope a thorough investigation is carried out and the truth comes out and the guilty is brought to book. If Modi is found guilty, he should be sacked right away and if it is found that Rahul is misleading the country, stern action should be taken against him. Let the truth prevail. The court should not shirk from its responsibility.

    Reply Report Abuse

  • kumara, abu dhabi

    Fri, Dec 14 2018

    chaddiless are getting worried.......

    Reply Report Abuse

  • Patriot vM, Karnataka

    Fri, Dec 14 2018

    Very unfortunate that the SC has dismissed the case. It has been grossly misled by the govt. Where is the CAG report and PAC report supposed to be in the public domain? No one has seen them. The public has been cheated by the govt and escaped the judicial scrutiny.

    Reply Report Abuse

  • mahesh, mangalore

    Fri, Dec 14 2018

    Feel sad for these losers

    Reply Report Abuse

  • Observer, Mangalore

    Fri, Dec 14 2018

    After 2014, even SC and RBI becomes dubious...

    Reply Report Abuse

  • ABD, LOS ANGELES

    Fri, Dec 14 2018

    I CAN SEE THE PAIN OF THESE 2 OLD FRUSTRUATED SO CALLED CONGI BACKED LEADERS

    Reply Report Abuse

  • Surendra Poojari, Mangalore

    Fri, Dec 14 2018

    ABD...your money is not used in this scam. It's our money and Indian tax payers money is given to Anil Ambani who is a bankrupt just because he is Modi's friend. Check the reality of this deal. It is very clear that it's a big fraud. Why defence minister doesn't know anything about Rafale deal? Why Modi told Dassault to partner Anil Ambani's company which is just formed and doesnot have any experience in defence deals? Why HAL was ignored? This shows the attitude and main purpose of Government of India. You can fool people temporarily but not always.

    Reply Report Abuse

  • Swamy, Mangalore

    Fri, Dec 14 2018

    It is very unfortunate that the apex court did not verify and compare the details of the petition with the information submitted by the govt in a sealed envelop in its defence. SC has just scapped through the top of the subject without giving any importance to the details of the petition. There will be review petition on this regard and most importantly on SC verdict on issues which were not mentioned in the petition as the plaintiff. So, what is the basis of SC to give verdict on these non contesting issues????. This will be the triggering point in this case in the next session.

    Reply Report Abuse

  • mohammed, mangalore

    Sat, Dec 15 2018

    Didnt know that you were part of the decision making body in the court.
    Otherwise how did you know all these details?
    you are great.

    Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Dec 14 2018

    After 2014 only Clean Chits to all Rogues ...

    Reply Report Abuse

  • Sethu, Mangalore

    Fri, Dec 14 2018

    The cut off is consciously brought up to 2014, to deliberately exclude those who are responsible for the genocide during anti-sikh riots. Incredible...!

    Reply Report Abuse

  • Swamy, Mangalore

    Fri, Dec 14 2018

    Do you know the meaning of genocide and roits????. Could you tell me how Indira Gandhi was assassinated????. Do you agree Khalistan Liberation Force was a terror organisation and still is made use by Pakistan to augment their terror activities in India just like you all accuse all minorities as terrorist and killing them in cold blood????.....

    Reply Report Abuse

  • Langoolacharya, Belman / Washington,DC

    Fri, Dec 14 2018

    People,

    Ceaser's wife should not only be honest...but appear to be honest too...

    If Modiji has not taken Commission through Ambani as SC says...then nothing should prevent Modiji to cancel the contract and pull rug under Rahul's feet...

    If Modiji does not do this...then these corruption allegations will haunt him politically ...rest of his life...like Boford did to Rajeev...

    ...Tak..Takk...

    Reply Report Abuse

  • Ken, Karkala

    Fri, Dec 14 2018

    Your pet can’t bite you.

    Reply Report Abuse

  • Tilak, Blore

    Fri, Dec 14 2018

    Good luck and now try something new..

    Reply Report Abuse

  • Rolf, Dubai

    Fri, Dec 14 2018

    Please go to vanavas .
    people has kicked our your hinduvita agenda in last electon.

    Reply Report Abuse

  • Sandesh Kanchan, Mangalore

    Fri, Dec 14 2018

    If you use this verdict as a yardstick, why don't you ask chaddis to stop barking about the so called Bofors and AW scam? The courts found nothing wrong in those deals, but still brainless chaddis kept the issue on the burner for political mileage and to malign the Gandhis.

    Reply Report Abuse

  • Sms, Kundapura

    Fri, Dec 14 2018

    When you appoint your own judge. Verdict is expected.

    Reply Report Abuse

  • MAHESH, MANGALORE

    Fri, Dec 14 2018

    CHOWKIDAR 2019 KE BATH JAIL KE ANDAR SE CHOWKIDARI KARENGA

    Reply Report Abuse

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Title : Sinha, Shourie say 'shocking' SC verdict no clean chit for Modi


 
 
 
 

 
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