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Bar & Bench @barandbench
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#Rafale: Judgment by Supreme Court today at 10.30 am in a batch of petitions seeking probe into #RafaleDeal
Judgment will be delivered by a Bench of Chief Justice of India, Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph. #Rafale
Petitioners ML Sharma, Vineet Dhanda, Prashant Bhushan @pbhushan1 already in court.
Bench assembles. #Rafale
#Rafale: The extent of permissible of judicial review with respect to contracts relating to defence procurements have to be decided on fact to fact basis, Supreme Court.
#Rafale: Supreme Court satisfied that the process for procurement has been complied with, there is financial advantage.

Earlier deal was not forthcoming.

Cannot sit in judgment over decision to go in for purchase of 36 aircraft in place of 126, CJI Ranjan Gogoi.
#Rafale: On pricing:

Not the job of this court to go into issues of pricing, Supreme Court.
#Rafale: On offset:

It is upto the vendor and not Central govt to decide.

Not the job of this court to go into it, Supreme Court. #RafaleDeal
Breaking: #Rafale All writ petitions dismissed by Supreme Court.
#Breaking: Perception of individuals cannot form the basis for interference, AC.

The examination has been primarily from the point of exercise of jurisdiction by this court under Article 32, clarifies Supreme Court while dismissing the case. #Rafale #RafaleDeal
Breaking: Supreme Court dismisses petitions calling for probe into #RafaleDeal #Rafale
"...newspapers reported a statement claimed to have been made by the former President of France to the effect that the French Govt were left with no choice in the matter of selection of Indian Offset Partners and the Reliance Group was the name suggested by the Govt of India..."
"The tender is not for construction of roads, bridges, etc. It is a defence tender for procurement of aircrafts. The parameter of scrutiny would give far more leeway to the Government, keeping in mind the nature of the procurement itself."
"...the extent of permissible judicial review in matters of contracts, procurement, etc. would vary with the subject matter of the contract and there cannot be any uniform standard or depth of judicial review..." #RafaleDeal #RafaleVerdict
"As far as the endeavour to procure 126 fighter aircrafts is concerned, it has been stated that the contract negotiations could not be concluded, inter alia, on account of unresolved issues between the OEM and HAL..." #RafaleDeal #RafaleVerdict
"The aforesaid issues are stated to have been unresolved for more than three years. Such delay is said to have impacted the cost of acquisition, as the offer was with ‘inbuilt escalation’ and was influenced by EuroRupee exchange rate variations." #RafaleDeal #RafaleVerdict
"We are satisfied that there is no occasion to really doubt the process, and even if minor deviations have occurred, that would not result in either setting aside the contract or requiring a detailed scrutiny by the Court." #RafaleDeal #RafaleVerdict
"Broadly, the processes have been followed...merely conjecturing that the initial RFP could have resulted in a contract is of no use. The hard fact is that not only was the contract not coming forth but the negotiations had come practically to an end.."#RafaleDeal #RafaleVerdict
"We cannot sit in judgment over the wisdom of deciding to go in for purchase of 36 aircrafts in place of 126. We cannot possibly compel the Government to go in for purchase of 126 aircraft." #RafaleDeal #RafaleVerdict
"The material placed before us shows that the Govt has not disclosed pricing details, other than the basic price of the aircraft...on the ground that sensitivity of pricing details could affect national security..." #RafaleDeal #RafaleVerdict
"...the official respondents claim there is a commercial advantage in the purchase of 36 Rafale...It is certainly not the job of this Court to carry out a comparison of the pricing details...We say no more as the material has to be kept in a confidential domain." #RafaleDeal
"Reliance Aerostructure Ltd., has come into being in the recent past, but...there was possibly an arrangement between the parent Reliance company and Dassault...As to what transpired between the two corporates would be a matter best left to them..." #RafaleDeal #RafaleVerdict
"Thus, the commercial arrangement, in our view, itself does not assign any role to the Indian Government, at this stage, with respect to the engagement of the IOP. Such matter is seemingly left to the commercial decision of @Dassault_OnAir ." #RafaleDeal #RafaleVerdict
"We do not find any substantial material on record to show that this is a case of commercial favouritism to any party by the Indian Government, as the option to choose the IOP does not rest with the Indian Government." #RafaleDeal #RafaleVerdict
"Perception of individuals cannot be the basis of a fishing and roving enquiry by this Court, especially in such matters. We, thus, dismiss all the writ petitions, leaving it to the parties to bear their own costs." #RafaleDeal #RafaleVerdict
"We, however, make it clear that our views as above are primarily from the standpoint of the exercise of the jurisdiction under Article 32 of the Constitution of India..." #RafaleDeal #RafaleVerdict
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