A Judicial Kick To Petitioners Alleging Motives To Govt’s Rafale Deal
The Indian defence preparedness and National Security issues were put at stake through politically motivated allegations against the Govt to Govt deal for 36 Rafael Jet fighters. The Supreme Court clearly emphasised in the judgement that it was not scrutinising an ordinary commercial tender but instead a defence tender for procurement of fighter aircraft.
The Court reviewed three basic parameters which were, decision making, difference in pricing and choice of the Indian Offset Partner. On all the three accounts, the Supreme Court found no substance as alleged by the writ petitioners.
On the aspect of the ‘decision making process’ in the Rafale deal, the court has clearly stated at para 22 of the judgement that a proper process was followed and there was no occasion to doubt the process and also that it accrued a financial advantage to the nation. In subsequent paras it clearly s rules out any commercial partiality to any party by the government. The Supreme Court threw out all the allegations in the writ petitions with a stern observation that perception of individuals cannot be the basis of a “fishing and roving inquiry” by the Court, especially in such matters.
Keeping in mind the nature of procurement itself, the Supreme Court observed that the uniform standard of judicial review as an across the board principle cannot be applied. The Court held at para 11 as follows: “ The scrutiny of challenges before us, therefore, will have to be made keeping in mind the confines of national security,…..procurement being crucial to nation’s sovereignty.”
The Court was of the opinion that they cannot be seen to sit in judgement over the wisdom of deciding the number of aircraft purchased. Similarly on the pricing issue, the Court opined at para 26 that it was certainly not the job of the court to carry out a comparison of the pricing details in matters like the present and that the materials on pricing have to be kept in the confidential domain. Regarding the choice of the IOP, the Court knowingly did not in to technical details as it felt it was neither appropriate nor technically feasible to do so.
The writ petition had also prayed to refer the matter to an SIT for investigation. After going through all the evidences the Supreme Court found no case had been made out.
Thus the Apex Court in fact has given a solid kick to the Writ Petitioners in particular and the Political Parties backing them for trying to use the Judiciary for their nefarious Political game.
