SC allows leaked docs in Rafale review petition, rejects Centre's objection

Current Affairs

In a blow to the Narendra Modi-led NDA government, the SC dismissed its objections and held that leaked documents in the Rafale case will be admissible in review petitions.

This was a unanimous verdict. The SC said that the petitions will be dealt with on merit.
The petitions had been filed against the SC's December 14 judgement refusing to order probe in procuring 36 Rafale fighter jets from France.

The apex court dismissed Centre's preliminary objections seeking review of earlier judgment giving clean chit to the Union Government in Rafale deal.

A bench headed by Chief Justice Ranjan Gogoi pronounced the verdict.
Reacting to the verdict, petitioner Arun Shourie said Centre's argument meant no wrong can be done in the defence deal.

"We are delighted at unanimous verdict dismissing Centre's argument on admissibility of documents," he said.

The Centre had submitted that the privilege documents were procured by petitioners in an illegal way and used to support their review petitions against the December 14, 2018 judgement of the apex court dismissing all pleas challenging procurement of 36 Rafale fighter jets from France.
"We dismiss the preliminary objection raised by Union of India questioning the maintainability of the review petition," a bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph said.

The top court said review petitions against its December 14 verdict dismissing all petitions against procurement of Rafale jets will be decided on merits.


 The apex court said it will fix a date for hearing review petitions.

SC verdict Wednesday on Centre's objection in Rafale review pleas

Current Affairs

The Supreme Court will pronounce the verdict on the preliminary objections raised by the Centre that the documents on which it was claiming "privilege" cannot be relied upon to re-examine the verdict in the Rafale fighter jet deal with France.

A bench headed by Chief Justice Ranjan Gogoi will pronounce the verdict.

On March 14, the apex court had reserved verdict on the preliminary objections raised by the Centre on admissibility of privileged documents annexed by former Union ministers Yashwant Sinha and Arun Shourie as also activist lawyer Prashant Bhushan in their review petition against the top court's December 14 judgement that dismissed all petitions against the Rafale jet deal.

"Only after we decide the preliminary objection raised by the Centre, we will go into other aspect of the review petitions," the bench said, adding that "only if we overrule the preliminary objection, we will go into other details".

The Centre had claimed privilege over documents pertaining to the Rafale fighter jet deal with France and said those documents cannot be considered in evidence as per Section 123 of the Indian Evidence Act.

Attorney General K K Venugopal, appearing for the Centre had contended that no one can produce them in the court without the permission of the department concerned as those documents are also protected under the Official Secrets Act and their disclosure is exempted under the Right to Information Act as per Section 8(1)(a).


 Bhushan had contended that the Centre's objections were "mala fide and totally untenable arguments".The top court had further noted that according to the AG's submissions "there are three Rafale documents whose publication comes under Official Secrets Act, 1923...Read More