Featured image for Supreme Court Judgment dated 10-04-2019 in case of petitioner name Yashwant Sinha & Ors. vs Central Bureau of Investigatio
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Rafale Deal Review Petition Dismissed: Supreme Court Upholds Government’s Decision

The Supreme Court of India, in the case of Yashwant Sinha & Ors. v. Central Bureau of Investigation & Anr., addressed the review petition concerning the Rafale fighter jet deal. The petition sought a reconsideration of the Court’s previous judgment, alleging procedural irregularities and lack of transparency in the procurement process. The Court, in a detailed ruling, dismissed the review petitions and upheld its earlier decision, reaffirming that there was no reason to doubt the government’s process in acquiring the fighter jets.

Background of the Case

The petitioners, including Yashwant Sinha, Arun Shourie, and Prashant Bhushan, filed a review petition challenging the Supreme Court’s December 2018 judgment, which had dismissed a plea for a court-monitored probe into the Rafale deal. The petitioners argued that new evidence had emerged, particularly certain documents published by The Hindu newspaper, that warranted a re-examination of the case.

The government objected to the review petition, arguing that the documents cited by the petitioners were unauthorizedly removed from the Ministry of Defence and were protected under the Official Secrets Act, 1923. The Attorney General contended that such documents should not be relied upon in judicial proceedings.

Petitioners’ Arguments

The petitioners made the following key arguments:

  • The new documents revealed that key officials of the Ministry of Defence had raised objections regarding the negotiation process, but these concerns were allegedly overlooked.
  • The government misled the Court in the original proceedings by providing incomplete information.
  • The pricing details and the selection of the Indian offset partner should have been scrutinized more thoroughly.
  • The government was trying to suppress evidence by invoking the Official Secrets Act to prevent disclosure of relevant documents.

Respondents’ Arguments

The government, represented by the Attorney General, countered these claims with the following points:

  • The documents cited by the petitioners were unauthorizedly removed from government custody and their use was in violation of the Official Secrets Act.
  • The Supreme Court had already examined the matter thoroughly in 2018 and found no wrongdoing in the procurement process.
  • The petitioners were attempting to reopen a settled issue on the basis of media reports.
  • National security considerations necessitated keeping certain details confidential.

Supreme Court’s Observations

The Supreme Court, in its ruling delivered by Ranjan Gogoi (Chief Justice), Sanjay Kishan Kaul, and K.M. Joseph, made several critical observations regarding the review petition and the arguments raised.

1. Validity of the Documents

The Court rejected the government’s argument that the documents relied upon by the petitioners could not be considered because they were obtained unlawfully. It ruled:

“The right of such publication would seem to be in consonance with the constitutional guarantee of freedom of speech.”

2. No Grounds for Review

The Court emphasized that review petitions are not meant to be an appeal in disguise. It found that the petitioners had not presented any new or compelling evidence that justified revisiting its earlier judgment. The ruling stated:

“The review petition lacks bona fides and appears to be an attempt to reopen the matter on the basis of unverified claims.”

3. Official Secrets Act Argument Rejected

The Court dismissed the government’s reliance on the Official Secrets Act to prevent judicial scrutiny of the documents, holding that:

“The documents published in ‘The Hindu’ newspaper remind the Court of the consistent views upholding freedom of the press in a long line of decisions.”

4. No Procedural Irregularities in the Rafale Deal

The Court reaffirmed that it had already examined the procurement process and found no reason to interfere with the government’s decision. It ruled:

“There is no substantial material to show that there was any commercial favoritism or procedural lapses in the procurement process.”

Final Judgment

The Supreme Court dismissed the review petitions, stating that there was no need for further judicial intervention in the Rafale deal. The ruling concluded:

“The review petitions are devoid of merit and are accordingly dismissed.”

Key Takeaways

  • Freedom of the Press Upheld: The Court reaffirmed that media publications, even if based on unauthorized government documents, cannot be disregarded outright.
  • Limited Scope of Review Petitions: The judgment clarified that review petitions cannot be used to re-litigate settled issues unless there is significant new evidence.
  • Official Secrets Act Does Not Override Public Interest: The Court held that national security claims cannot be used to completely shield documents from judicial scrutiny.
  • No Commercial Favoritism Found: The ruling reasserted that the Rafale procurement was conducted transparently.

Conclusion

The Supreme Court’s judgment in Yashwant Sinha & Ors. v. Central Bureau of Investigation & Anr. puts an end to the prolonged legal challenge against the Rafale deal. By upholding freedom of the press and rejecting the misuse of secrecy laws, the judgment reinforces the importance of transparency in government dealings while also ensuring that judicial review is not misused for political controversies.


Petitioner Name: Yashwant Sinha & Ors..
Respondent Name: Central Bureau of Investigation & Anr..
Judgment By: Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul, Justice K.M. Joseph.
Place Of Incident: India.
Judgment Date: 10-04-2019.

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