, 18 tweets, 19 min read Read on Twitter
@YashwantSinha, A Shourie & @pbhushan1 are seeking a review of the #SupremeCourt's #Rafale judgment on 4 main grounds:

1) Judgment did not deal with the main prayer of one of the petitioners (P Bhushan): filing of an #FIR & a #CBI led investigation
2) Judgment relied on a large number of major factual errors
3) Critical material evidence was suppressed from the Court
4) Judgment did not consider critical facts submitted by the petitioners

#Rafale #SupremeCourt #RafaleDeal #RafaleReview #RafaleScam #RafaleFiles
In the previous #Rafale hearing, AG KK Venugopal & @pbhushan1 disputed the admissibility of the #RafaleFiles, i.e. notes by 3 members of the negotiating team leaked by @the_hindu.

KKV said the State would start crim. proceed. under the #OfficialSecretsAct
On 14th Dec 2018, the #SupremeCourt held that it will NOT order a court monitored investigation of the #RafaleDeal. It emphasised that in cases involving #NationalSecurity it had limited powers of #JudicialReview.

More: scobserver.clpr.org.in/court-case/raf…
#Rafale #RafaleCase #RafaleScam
Hearing begins. #Rafale Bench has assembled

Attorney General KK Venugopal will continue his arguments from the previous hearing

#RafaleDeal #SupremeCourt #RafaleFiles #RafaleFilesStolen #cagreport #cagrafalefile
#Rafale hearing:
AG KK Venugopal clarifies submission from last hearing. When he said that the #RafaleFiles (leaked by @the_hindu) were obtained illegally, he didn't mean that @pbhushan1 & ors had stolen them. Rather, he meant they used photocopies of #secret docs

#Rafale hearing

AG KKV: docs relied upon by review petitioners could not have been published w/out seeking prior permission from #DefenceMinistry & ors. Reads Sec123 of #EvidenceAct. Ask leaked docs to be removed from the record

#Rafale hearing

Justice KM Joseph: refers to provisions of #RTI Act. Says they override #OfficialSecretsAct. Especially Sections 22 & 24.

AG: In matters of #NationalSecurity, State immune from RTI provisions

#Rafale hearing

@pbhushan1: seeks to respond to AG KKV's preliminary objections. How can it be that admitting these docs would harm #NationalSecurity -- they've already been in the public domain for months.

#Rafale hearing

@pbhushan1: it appears that the primary concern of the #UnionOfIndia is not the protection of the docs & #NationalSecurity, but rather the protection of Gov Officials who have interfered with the negotiation process

#Rafale hearing

@pbhushan1: public interest requires that the docs be placed on record to be considered by the #SupremeCourt.

#Rafale hearing

@pbhushan1: Reads #PressCouncil Act 15(2) & (3) reg. protecting sources of journalists. Also refers to case law: 2G decision, Coal Allocation case

#Rafale hearing

@pbhushan1: refers to cases on admissibility of stolen or illegally procured docs. Highlights that method of procurement is irrelevant, if docs relevant for deciding the case.
Cites #SCOTUS decision in #PentagonPapers case.

#Rafale hearing

@pbhushan1 speaking on the issue of whether the docs are inadmissible b/c the Gov has claimed privilege over them. Given that docs have already been published, Court cannot allow claim for privilege

#Rafale hearing

Justice KM Joseph asks AG KK Venugopal: how can we assess the claim for privilege, if we cannot first look into the document & know what it is

#Rafale hearing

AG KKV: For the purpose of deciding the claim for privilege, the Court may look at the docs. But, for the purpose of deciding the case, the docs that reveal price must be kept secret and out of the public domain.

#Rafale hearing

#SupremeCourt reserves order on the issue of preliminary objections.
#AttorneyGeneral KK Venugopal has submitted prelim objections to the admissibility of leaked documents.

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