New Delhi: The government on Saturday filed a fresh affidavit in the Supreme Court in the Rafale case, opposing the reopening of the whole matter by contending that the petitioners were attempting to get “a fishing and roving inquiry ordered”. Further, the government said the top court has “specifically declined” to have a “fishing and roving inquiry” into the matter “based on perceptions of individuals”.
“..The applicants are not entitled to any relief” and their application is “liable to be dismissed,” the affidavit said.
The government further added in an affidavit, “The monitoring of the progress by PMO of this Government to Government process cannot be construed as interference or parallel negotiations.”
“The then Hon’ble Raksha Mantri had recorded on file that …’ it appears that PMO and French President’s office are monitoring the progress of the issues which was an outcome of the summit meeting’,” the affidavit read.
“It is submitted that in the garb of seeking review of the judgement (of last December), and placing reliance on some media reports and some incomplete internal file notings procured unauthorisedly and illegally, the petitioners cannot seek to reopen the whole matter by asking for production of documents in review petition since the scope of review petition itself is extremely limited,” the affidavit said
The affidavit, filed by Joint Secretary and Acquisition Manager in the Defence Ministry on behalf of the government said the application filed by petitioners, former Union Minister Yashwant Sinha and others, for reopening the case is “misconceived and not maintainable”.
Earlier on April 10, the Supreme Court dismissed Centre’s objection claiming privilege over ‘stolen’ documents used by petitioners to seek review of Rafale judgement. The ‘stolen’ classified documents can now be looked into and considered as evidence for a re-examination of top court’s December verdict. Further, the top court allowed the admissibility of three of the procured documents in Rafale deal as evidence in re-examining the review petitions filed against the SC’s December 14 judgement refusing to order probe in procuring 36 Rafale fighter jets from France.
(With inputs from IANS)