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The Bench of CJI Gogoi, Justice S K Kaul and Justice K M Joseph assembles to hear Rafale Review petition
SC asks review petitioners to confine to the material already on record and not new materials. CJI Gogoi says that the Court will not look into recent articles published by media on the deal #Rafale #RafaleReview
SC will not look into the articles published by @nramind in @the_hindu on Rafale deal while considering the review petitions #Rafale #RafaleReview
Review petitioner @pbhushan1 says that the Court did not consider the nature of relief sought by them. He submits that they did not seek the striking down of the deal, but an enquiry into the corruption allegations #Rafale #RafaleReview
The Court relied on a lot of erroneous facts while delivering the judgment. The erroneous facts were possible supplied by the Government in the sealed cover notes, submits @pbhushan1 in the #RafaleReview hearing
Government officials should be hauled up for perjury for knowingly submitting wrong facts to Court, @pbhushan1 submits #Rafale #RafaleReview
Attorney General K K Venugopal submits that the documents relied on by the petitioners and @the_hindu were stolen from Defence Ministry and that Government is contemplating probe under the Official Secrets Act #Rafale #RafalReview
We are considering action against two newspapers which published government documents and a senior counsel. This is a matter concerning national security, AG K K Venugopal submits
AG says that even before hearing, newspapers make publications to influence the decision of the Court. This is contempt of court, AG says
Court rises for lunch
Court reassembles
CJI says that the Court will not hear the petition of AAP leader @SanjayAzadSln on the ground that he made derogatory comments against judiciary #Rafale #RafaleReview
CJI told Sanjay Hegde, counsel of Sanjay Singh that the Court has taken serious note of his comments against judiciary after the judgment, and will take action
@sanjayuvacha @SanjayAzadSln
Prashant Bhushan says that the AG's statements were an attempt to intimidate the petitioners and to stop them from bringing truth to the Court, such action by AG amounts to contempt of court @pbhushan1 #Rafale #RafaleHearing
AG reads out RTI Act and submits that the Act exempts defence documents from disclosure #Rafale #RafaleHearing
AG now reading the note published by The Hindu @the_hindu #Rafale #RafaleHearing
AG points out that the documents are endorsed with the marking "Secret".
"They are not intended to be in public domain", he says #Rafale #RafaleReview #RafaleDeal
"These documents are published to the whole world. Look at the damage that has been done". AG says #RafaleDEal #RafaleHearing
AG mentions about the urgency to procure Rafale jets. They are needed to protect the country against F16s. Pilots have already been sent to Paris for training to operate the jets #Rafale #RafaleHearing
As AG makes submission about need for Rafale jets, CJI tells him to confine to the review petition. "We should see if we have omitted any aspect to consider", CJI says #Rafale #RafaleHearing
Justice Joseph says that question of national security will not arise when the issue before Court is whether investigation should be ordered #Rafale #RafaleHearing
Justice K M Joseph says that even stolen evidence can be looked into by the Court. It is well settled under Evidence Act. #Rafale #RafaleHearing
If an act of corruption is committed, government cannot take shelter under the Official Secrets Ac : Justice K M Joseph #Rafale #RafaleHearing
AG disagrees with Justice Joseph and says that source is important.
"How did the petitioners get privielged documents of defence ministry?", AG asks #Rafale #RafaleReview
AG says that the review petition should be dismissed on the ground of violation of Official Secrets Act #Rafale #RafaleHearing
Justice K M Joseph is seen having a discussion with the CJI #Rafale #RafaleHearing
AG is now reading the perjury petition
CJI asks AG "If an accused establishes the plea of alibi on the basis of a stolen document, should the court ignore".

AG sticks to his stand and says "As per law in India, source is important" #Rafale #RafaleHearing
"Show us the authority that source is important" CJI tells AG #Rafale #RafaleHearing
AG reads a 2004 SC judgment by Justice Pasayat that illegally obtained evidence cannot be relied upon #Rafale #RafaleHearing
"Official Secrets Act makes a person liable for criminal punishment for obtaining secret documents. Proceed against the person. But will the document become null?", CJI ask #Rafale #RafaleHearing
AG reiterates that the court should not look into such a document #Rafale #RafaleHearing
Justice K M Joseph asks whether this principle propounded by AG should be applied in Bofors case? Can that case also be shut out, J Joseph asks. #Rafale #RafaleHearing
Justice Kaul too joins the quizzing of AG. "The documents having come before us, you can't say hat we cannot look into them" #Rafale #RafaleHearing
"This purchase is essential for the survival of this nation against enemies", AG comes back to national security argument #Rafale #RafaleHearing
Justice Kaul says that even if AG's arguments are accepted, some issues deserve to be heard if they "shock the conscience of the court" #Rafale #RafaleHearing
AG says that the issue has political angle. The CAG report is already placed before the Parliament and it will look into the issue #Rafale #RafaleHearing
Anything on Rafale will be used by the opposition to destabilise the Government, AG tells the Court about the political impact the case could have #Rafale #RafaleHearing
CJI says that the Court will hear Bhushan now #Rafale #RafaleHearing
Bhushan says that the documents were published by both Hindue and ANI
@the_hindu @ANI #Rafale #RafaleHearing
Bhushan says that the AG's argument that documents cannot be looked into if source is not revealed is not correct #Rafale #RafaleHearing @pbhushan1
Bhushan points out that the Court had relied on government documents in 2G and Coalgate cases, though the documents were not sourced through proper channel #Rafale #RafaleHearing @pbhushan1
Bhushan reads out the judgment to show that the very same arguments advanced by AG now were discarded by the Court in 2G, Coal scam cases #Rafale #RafaleHearing @pbhushan1
Bhushan terms AG's submissions 'astounding'.

Corruption allegations about defence deals have no exception. Lalitha Kumari case is clear that FIR should be registered whenever cognizable offence is made out, submits @pbhushan1 #Rafale #RafaleHearing
CJI tells Bhushan that he only needs to meet AG's arguments.
"If we accept AG, we will dismiss. If we don't accept, we will move ahead" #Rafale #RafaleHearing
Bhushan says that he has stated in the petition that documents are published by @the_hindu and @thecaravanindia
So cannot say that petitioners have not revealed source, he adds #Rafale #RafaleHearing
CJI invites Arun Shourie to argue #Rafale #RafaleHearing
"We are here to assist the Court on facts" : Shourie #Rafale #RafaleHearing
"Every person in this country can look into these documents; but the Court cannot. Interesting proposition by AG!", Shourie remarks #Rafale #RafaleHearing
Shouries says that anti-corruption clauses in the deal were omitted with retrospective effect overlooking defence ministry's objection #Rafale #RafaleHearing
Court adjourns further hearing to March 14 #Rafale #RafaleHearing
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