From Our Special Correspondent

Daijiworld Media Network

New Delhi, Nov 14: The Supreme Court’s verdict on the petitions pertaining to the alleged mega scam in the purchase of Rafale fighter jets from France is "not a clean chit,’’ the Congress party claimed and contended that the judgement has paved the way for a comprehensive criminal investigation.

The apex court in Para 86 of the Review Judgement has also re-affirmed the Congress Party’s stand that the court has ‘limited jurisdiction under Article 32 of the Constitution,’’ said Congress party’s spokespersons Randeep Singh Surjewala and JaiveerShergill.

In a statement, the Congress leaders pointed out that the reading of the judgement has "reaffirmed the Congress party’s stand that Court is not the appropriate forum to decide the issues of (i) contractual corruption, (ii) malicious bungling in prices, (iii) altered specifications, (iv) crony capitalism and (v) violation of the mandatory provisions of the Defence Procurement Procedure.’’

They pointed out that three unequivocal conclusions stand out from the judgement:

1) The Supreme Court has ‘constricted jurisdiction’ under Article 32 of the Constitution and it is not the function of the court to look at pricing, contractual details, technical specifications and feasibility (paras 12, 15 and 33 of Judgement dated 14th December, 2018 and paras 19, 67 and 73 of today’s review judgement)

2) Independent agencies or the police/CBI are equipped to undertake all forms of investigation and no such restrictions and limitations, as in case of the court, apply to them (paras 73 and 86 of today’s review judgement)

3) Judgment of the court in Rafale case would not stand ‘in the way of’ the investigating agency and taking action (para 86 of today’s review judgement).  

The Congress leaders claimed that the BJP Government and its Ministers "are misleading thenNation on the impact of the judgement.’’

"The Supreme Court judgement is not a ‘clean chit’ but paves the way for ‘full investigation,’’ they said and argued that the layers of corruption in the Rafale Scam can be answered only through a fact-finding impartial Joint Parliament Committee ((JPC) investigation,’’ they said.

 The nine relevant questions in the Rafale Scam remain unanswered till date, they said and listed them as:

1) Why did BJP Government supersede HAL in awarding Rs.30,000crore‘Offset Contract’ to benefit cronies?

2) Why was ‘Offset Contract’ of Rs.30,000crore given to a 12 day old company with zero experience?

3) Why purchase a Rs.526 croreRafale for a price of Rs.1670 crore and thereby cause a loss of Rs.41,205crore?

4) Why was ‘National Security’ compromised by reducing the number of aircrafts from 126 to 36?

5) Why was Defence Procurement Procedure (DPP) violated and Cabinet Committee on Security (CCS) bypassed by the Prime Minister at the time of announcing the purchase of 36 Rafale aircrafts on 10th April, 2015?

6) Why did BJP Government sacrifice ‘Transfer of Technology to India’ for manufacture of Rafale aircrafts?

7) Why eight year long delay in delivery of Rafale(s), when it falls under classification of ‘emergency purchase’ of aircrafts?

8) Why did PM Modi increase the ‘benchmark price’ of Rafale jets from 5.2 billion Euros to 8.2 billion Euros?

9) Why did BJP Government waive off the condition of seeking ‘Sovereign Guarantee’ despite the objections of Law Ministry &Defence Acquisition Wing?

 The answers to these questions cannot be found through a court judgment but through a detailed fact-finding investigation by JPC, the press statement said and asked the Government to agree to a JPC investigation. Otherwise, it will be proved beyond doubt that BJP Government is not ‘corruption free’ and actually wants to remain ‘investigation free’.

Till the verdict of an impartial JPC investigation is placed in public domain, Rafale deal will continue to be questioned for the stink of Corruption, Collusion & Crony Capitalism, hurting National Interests, causing loss to Public Exchequer, murdering transparency, making mockery of Make-in-India and blocking Technology Transfer.

The Congress leaders demanded answers to three questions: 

1) Will the so-called ‘independent investigating agencies’, including CBI now proceed to investigate the Rafale Scam, after the Supreme Court has made it clear that its judgment will not come in the way of investigation?

2) Will the BJP Government show the courage to grant sanction to prosecute and investigate the Rafale Scam under Section 17A of the Prevention of Corruption Act?

3) Will the Prime Minister and BJP Govt now concede to a full-fledged probe by a ‘Joint Parliamentary Committee’ (JPC)?