, 24 tweets, 14 min read Read on Twitter
#Rafale case hearing begins in the #SupremeCourt. Bunch of review petitions and application by the Govt to correct the December judgment to be taken up by the court today.
#Rafale: Petitioner-advocate ML Sharma says all review petitions should be junked since nobody has brought on record the #CAG report on #RafaleDeal, saying the acquisition is economical and proved to be less costly.
#SupremeCourt declines to accept on record a letter given by the Hindu Editor N Ram to Prashant Bhushan regarding #Rafale.
"Please confine your case to the documents already submitted. We are not going to look into any new document at this stage," #CJI tells Bhushan.
Serious error of facts in the #Rafale judgment: Bhushan tells #SupremeCourt, accusing the Govt of trying to mislead the court.
"Govt should be hauled up for perjury," says Bhushan.
#Rafale documents were stolen from the Defence Ministry: Attorney General tells #SupremeCourt. AG says investigation is underway & these stolen documents can't be relied upon by the court.
"It is an offence under the Official Secrets Act," says KK Venugopal.
#Rafale: #SupremeCourt asks AG what steps/actions have been taken by the Govt after the documents were reportedly stolen. #CJI asks Venugopal to seek instructions and apprise the steps taken at 2 PM today.
#Govt urges #SupremeCourt to dismiss all the review petitions for using stolen documents on #RafaleScam, in violation of the laws concerned. Hearing now to resume at 2 PM.
#AAP MP Sanjay Singh won't be heard by the #SupremeCourt in #Rafale case. #CJI says his review petitions doesn't deserve to be heard in view of the derogatory remarks made by him against the December verdict.
#Rafale: #CJI says it will act against Aam Aadmi Party MP Sanjay Singh for using derogatory remarks. "We will take actions against you after completion of these hearings and after giving you an opportunity to explain," says #CJI | @News18Courtroom
#Rafale: Attorney General tells SC that the documents published by The Hindu were not supposed to be in the public domain.
"Documents were published by the newspaper by omitting the word 'Secret' at the top. This is in violation of the Official Secrets Act," Venugopal says.
#Rafale: AG cites acquisition of F16 by #Pakistan.
"Recent incidents have shown how vulnerable we are. When others have superior F16 aircrafts, should we also not buy better aircrafts. There will be damage done to the country by seeking a #CBI inquiry," he adds.
Justice KM Joseph doesn't agree with AG's submissions.
"Issue of national security doesn't arise when question in review is that plea of investigation hasn't been considered. Are you going to take shelter under national security when the allegations is of grave crime, corruption?
#Rafale: Attorney General responds to Justice Joseph's views: "Certain issues are outside the purview of judicial review. Do we have to come to the court to justify when we declare war, when we declare peace? Do we have to come and seek permission of the court every time?"
Attorney General KK Venugopal tells #SupremeCourt that the leaked out documents in #Rafale can be looked into by the court only when the source is declared. "Relevancy of the papers can't be sole consideration. They must say whether retired or present officers did it," says AG.
#Rafale: AG tells #SupremeCourt that the FIR hasn't been registered so far into stealing of the #RafaleDeal documents since the FIR would have to also name the petitioners (Yashwant Sinha, Arun Shourie and Prashant Bhushan) | @News18Courtroom
Justice Joseph asks Govt: "There were allegations of corruption in #Bofors. Now will you say the same thing that a criminal court shouldn't look into any such document in that case? Here we have an open system."
Attorney General replies: "Yes.. We have an extremely open system here. This is the only country where a court is examining a defence deal as if it is an administrative issue. No other court in any other country will do it."
In #Rafale, Justice SK Kaul says that if the documents were stolen, the Govt should put its own house in order. "It is one thing to say that we should look at these documents with suspicion. But to say we can't even look at those documents may not be a correct submission in law."
#Rafale: "Every statement by this Court is used to destabilise either the Govt or the opposition. Why should the court become a party to such an exercise? This is why I am appealing to this Court to exercise restraint. Defence procurements can't be judicially examined," says AG.
#Rafale: AG says documents used both by The Hindu and #ANI were stolen documents and seeks time till tomorrow to submit a report on on action taken by the Govt following the leaks.
#Rafale: Adv Prashant Bhushan counters AG's arguments. He cites how whistleblowers gave him the entry register of EX-CBI director Ranjit Sinha & another documents in #2G which the #SupremeCourt relied upon in ordering probe.
#Rafale: #CJI tells Bhushan: "If we accept AG's arguments, we reject these documents and hear your review petition minus these documents. And If we reject AG's submissions, we will then see how these documents are relevant to decide the review petitions." @News18Courtroom
#Rafale: Prashant Bhushan tells SC that he has disclosed sources of most of his documents.
"Most of the documents produced here are from The Hindu, Caravan, Indian Express etc. I have disclosed most sources except for one document from MoD," adds Bhushan | @News18Courtroom
#SupremeCourt adjourns #Rafale hearing to March 14 at 3 PM.
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