, 17 tweets, 5 min read Read on Twitter
Centre files affidavit in Supreme Court in connection with the #Rafale fighter jet case.
The petitioners are using unauthorisedly accessed documents with the intention to present a selective and incomplete picture of internal secret deliberations on a matter relating to National Security and Defence. #RafaleDeal
The documents presented by the petitioners are failing to bring out how the issues were addressed and resolved and necessary approvals of the competent authorities taken #Rafalereview #Rafale
The selective and incomplete presentation of the facts and records by the petitioners are intended to mislead this Hon’ble Court into deriving wrong conclusions which is very damaging to National Security and public interest.#RafaleDeal
it is submitted that these documents belong to a class, which the Government of India is entitled to claim privilege under Section 123, 124 of the Indian Evidence Act: Centre to SC #RafaleDeal
the petitioners have no authority whatsoever to produce the same before this Hon’ble Court without the explicit permission of the Government of India, Ministry of Defence #RafaleDeal
In fact, the said documents produced by the petitioners unauthorisedly are also exempt from disclosure under Section 8 (1) (a) of the Right to Information Act, 2005 #RafaleDeal
while these documents belong to a class in respect of which privilege is hereby claimed under Section 123 of the Indian Evidence, 1872, but since the petitioners have unauthorisedly and illegally produced the same already and disclosed their contents
Since the petitioners disclosed their contents along with the Review Petition and Misc. Application filed by them and that all details are already in the public domain, , it has become imperative for the UOI to seek removal of these documents from the record of Review Petition
That it is submitted that the documents attached by the petitioners are sensitive to National Security which relates to war capacity of combat aircraft #RafaleDeal
Since the Review Petition has been widely circulated and is available in public domain, the same is available to the enemy/our adversaries. This puts the National Security in jeopardy #RafaleDeal
Without consent, permission or acquiescence of the Government, those who have conspired in making the photocopy of these sensitive documents and annexing it to the Review Petition/ Misc. Application and thereby committing theft by unauthorized photocopying of such documents
It is further submitted that secrecy was envisaged in the various agreements that the Central Government had entered into with the concerned Foreign Government and others concerning matters of National Security
Even though the Central Government maintains secrecy, the petitioners and the deponent of the affidavit of the Review Petition are guilty of leakage of sensitive information, which offends the terms of the agreements #RafaleDeal
Additionally, those who have conspired in this leakage are guilty of penal offences under the Indian Penal Code including theft by unauthorized photocopying and leakage of sensitive official documents affecting National Security. #RafaleDeal
These matters are now a subject of an internal enquiry which has commenced on 28.02.2019, and it is currently in progress #RafaleDeal
In particular, it is of utmost concern to the Central Government to find out where the leakage took place so that in future the sanctity of decision making process in governance is maintained.
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