Rahul Gandhi to officially apologise to the Supreme Court in an affidavit for Rafale remarks: Here's how it happened

SC's Rafale review petition hearing:

Rafale review petition hearing started at 2:25 PM on Friday as the Supreme Court Bench headed by CJI Ranjan Gogoi will be hearing to the petitions filed by Union ministers Arun Shourie and Yashwant Sinha against the order passed by the apex court on December 14, 2018 when the SC had given a judgment wherein it had dismissed all petitions seeking court-monitored probe into Rafale fighter jet deal with France, saying that there was no occasion to doubt the decision-making process in the deal. The top court had also said that it was not its job to go into the issue of pricing of fighter planes.

Rahul Gandhi plea hearing:

The apex court has started hearing on Friday the petition filed by Meenakshi Lekhi who had alleged Gandhi has attributed his personal remarks to the top court and tried to create prejudice'by saying 'Supreme Court ne kaha Chowkidar Chor hai' in response to the Supreme Court's order on Rafale deal on April 10, when the Supreme Court had unanimously dismissed preliminary objections by the government in the review petitions in the Rafale fighter jet case.

SC's Rafale review petition hearing:

Attorney General says new documents have to come on record and demands that government should be given 4 weeks to file a reply affidavit. Bench fixes Rafale review plea to be heard on Monday. Asks the AG to file reply by Saturday.

SC's Rahul Gandhi plea hearing:

Petitioner Meenakshi Lekhi's Counsel has read out the transcript of Rahul Gandhi’s interview before the CJI led the bench and says that Rahul Gandhi attributed the comment 'Supreme court ne kaha Chowkidar chor hai ' to the Supreme Court. He also points out multiple instances of contemptuous statements made by Rahul Gandhi. 

CJI says, "I think that’s enough. There is no point multiplying. One instance is enough" and arguments get underway.

Referring to Rahul Gandhi's affidavit filed in reply to the petition, Counsel for Lekhi says Rahul Gandhi in his affidavit says “there was a sense of victory and exhilaration for those fighting the Rafale issue the day he made the contemptuous remark.” He also adds that at times Rahul Gandhi says he doesn’t have the order copy, at times he says he said in the heat of the moment, at times he says he said it while indulging in political campaigning.

SC's Rahul Gandhi plea petition:

CJI asks Abhishek Manu Singhvi (representing Rahul Gandhi) what the difference between his two affidavits to which Singhvi replied it’s the same affidavit which has irked the CJI who says, "Are you compelling the Supreme Court? where have we (SC) made the statements you have claimed in our order?"

Singhvi says - You have not, which is why we have expressed deep regret to which the CJI asks "where have you expressed deep regret?". Singhvi asks for a chance to explain.

The CJI has then demanded Rahul Gandhi for an answer, to which counsel for Meenakshi Lekhi , Mukul Rohtagi says he (Gandhi) keeps changing his statement. Everything they say is cock and bull. He is trying to put words in the mouth of the Supreme Court for political gains. He continues saying all these were completely deliberate statements by Rahul Gandhi and that he repeats the same statement again and again and points out that there is one word of regret mentioned on page 7 of the new affidavit demanding that  either he(Gandhi) has to justify his case or apologise.

SC's Rahul Gandhi plea hearing:

The irked CJI asks what does “expression of regret” mean? to which Rohtagi says  I don’t know myself continuing to say,"If you have made a mistake, come clean. I’m sure Rahul Gandhi has a large number of lawyers to advise him. Rahul Gandhi is misleading the nation. We have all the videos of all the statements made by Rahul Gandhi. How many excuses will rahul Gandhi give to the Supreme Court?"

After Rohtagi's objections, Singhvi places his arguments. Before he starts the CJI warns him saying," Let us be very clear. Once you start arguments on this affidavit, you can’t turn around and backtrack." Then Justice Sanjay kishen kaul if Singhvi stands by the affidavit filed by Rahul Gandhi to which Singhvi says he does.

He continues saying, "3 parts of the affidavit have not been shown by Rohtagi " and seeks permission to file another affidavit and requests the matter to be adjourned to Monday. CJI replies if you can argue on Monday - argue today also.

As Singhvi begins arguing, justice KM Joseph asks him - Dr. Singhvi are you sure you want to go ahead? while Justice Sanjay Kishen Kaul says Mr. Singhvi, when you make a mistake, you should accept that you’ve made a mistake.

Singhvi begins his arguments saying three errors have been made by me - I have accepted them all in my affidavit.  Rahul Gandhi apologises for wrongly attributing statements to the Supreme Court and says  I realise they were wrong statements and I apologise while stating regret is the same as an apology.

CJI says, "we have great difficulty understanding what you’re trying to say, Mr.Singhvi." to which Singhvi replies that he wishes to express apology.

The CJI then dictates the order saying"we make it clear that there is no liberty in this case and that Rahul Gandhi has to file an affidavit."

The court then adjourned the matter to Monday when Rahul Gandhi will officially apologise to the Supreme Court in an affidavit.

After the SC had adjourned the matter to Monday directing Rahul Gandhi to file an affidavit and submit it to the Court, Rahul Gandhi's Counsel Abhishek Manu Singhvi spoke to reporters outside the apex court saying:

"There were two important issues today. Issue one was that we had made roughly 10 complaints against the Prime Minister and Amit Shah specifically quoting horrific passage spreading hatred and doubt and trust deficit between communities. The second was the dragging of our brave armed forces into cheap politics demanding votes in their name. The third is when he (Modi) goes to vote, he takes a procession inside, outside and around the booth which is completely prohibited under EC's model code of conduct."

Highlighting the passage of the elections, he said:

"One month has passed, 374 seats have been voted for and 4 phases are over. This kind of delay is unacceptable. We have asked the SC to direct the EC to decide immediately. Following which the EC has been directed by the court - Notice has issued by it,  EC has the liberty to decide and pass appropriate orders and the matter has been fixed by the Supreme Court on Thursday at 10:30 AM." 

He added that a non-partial level playing field will be maintained and hope there will not be any doublespeak as high political figures have been involved.

Speaking on the Rahul Gandhi plea he said:

"After hearing the petitioners at length, the court heard me for 10 minutes and has put the matter on Monday. I made 4-5 points namely - Rahul Gandhi deeply regrets the attribution of the comment Chowkidar Chor hai to the SC. I have clarified in the affidavit that he did not mean to do so as no court would endorse such a statement. We have quoted the three offending comments for which Rahul Gandhi has expressed regret and made it clear that this regret is for the attribution only."