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Supreme Court Refuses To Entertain PIL Seeking Probe Into Rafale Deal Based On Reports Of French Agency
LIVELAW NEWS NETWORK
29 Aug 2022 12:09 PM IST
The Supreme Court on Monday refused to entertain a PIL seeking inquiry into the Rafale deal in the light of certain reports in a French news portal alleging payment of bribe by Dassault Aviation to an Indian middleman.A bench comprising Chief Justice of India UU Lalit and Justice S Ravindra Bhat considered the PIL filed by Advocate ML Sharma, which made Narendra Modi as the first respondent...
The Supreme Court on Monday refused to entertain a PIL seeking inquiry into the Rafale deal in the light of certain reports in a French news portal alleging payment of bribe by Dassault Aviation to an Indian middleman.
A bench comprising Chief Justice of India UU Lalit and Justice S Ravindra Bhat considered the PIL filed by Advocate ML Sharma, which made Narendra Modi as the first respondent in personal capacity. The bench initially dismissed the petition saying that no case for interference by the Supreme Court has been made out by the petitioner. After the order was dictated, Sharma made a further request seeking permission to withdraw the petition. Accepting the subsequent request, the bench altered the order and dismissed the petition as withdrawn.
When the matter was taken, Sharma said that he was confining the case to certain facts have emerged on the investigation conducted by a French agency. He sought for directions for issuing Letters Rugatory by Indian agencies for summoning the documents from France. He pointed out that he has made a complaint before the CBI.
However, the bench expressed disinclination to interfere. "Either you withdraw this or we dismiss. We won't say anything about the CBI", CJI Lalit said.
Sharma continued with the arguments and the bench passed the following order after hearing him.
"Having gone through the facts and circumstances, in our view, no case is made out to exercise jurisdiction of this court under Article. Petition dismissed".
After some time, Sharma mentioned the case again seeking permission to withdraw. The bench allowed this and dismissed the petition as withdrawn.
"I can go to the CBI", Sharma said.
"Nobody is stopping you", CJI Lalit replied.
In his petition , Sharma seeks directions to quash the deal to procure 36 fighter jets from French company Dassault Aviation as an "outcome of corruption and violation of Articles 13, 21, and 253 of the Constitution of India".
"Due to political pressure, prosecution upon AFA's report has been suspended/stayed. It's a serious offence under Secret Act, 1923, injuries financial and defence to the country. It's violated Art. 21 and 13 of the Constitution of India", submits the plea and calls for the investigation report to be brought before the Court.
A Bench comprising of then CJI Ranjan Gogoi, and Justices SK Kaul and KM Joseph had observed that the review petition filed by Advocate Prashant Bhushan, former Union Ministers Yashwant Sinha and Arun Shourie lacked merits. The review pleas had been filed on the ground that certain documents had been leaked by the media which showcased that the Government had suppressed material information from the Court.
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