MASSIVE: Rafale review petitions dismissed by SC, court rejects 'roving & fishing inquiry'

Supreme Court dismissed review petitions in Rafale case against its December 14, 2018 judgment upholding 36 Rafale jets' deal, giving a clean chit to Modi government. review petitions asked for a review in  jet deal with French firm Dassault Aviation. top court rejected plea that re was a necessity for registration of an FIR in connection with Rafale deal. 

five-judge bench comprising CJI Ranjan Gogoi, Justices S K Kaul, and K M Joseph prounced contentious judgment. Justice Kaul, prouncing judgment said that Court found " merit" in review petition. Supreme Court furr said, "This Court did t think it appropriate to embark on roving and fishing inquiry."

In May 2019, a three-judge bench had reserved verdict in petition seeking review of earlier December 14 judgment on government-to-government deal to procure 36 Rafale aircraft. 

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Rafale hearing

Supreme Court had looked into three aspects of deal - decision-making process, pricing and choice of Indian offset partner. It had found occasion to doubt decision-making process and said it didn't find anything wrong in selection of Indian offset partner by manufacturer Dassault. On third criterion, it had said it wasn't its job to go into pricing aspects.

However, an error was pointed out in judgment regarding pricing details following which Centre filed a correction application. This had to do with Supreme Court relying on Central government's assertion - contained in a sealed cover - that pricing details had been shared with CAG and report by government's auditor had been placed before Parliament's Public Accounts Committee.

However, CAG report hadn't yet been placed before PAC at time that case was being heard. Even as Centre sought a correction over what was cited as a misinterpretation of langu used in sealed cover, former Union ministers Yashwant Sinha, Arun Shourie and activist lawyer Prashant Bhushan had sought a re-examination of SC's findings.

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