On November 14, the Supreme Court is expected to hear petitions contesting the decision-making process related to the proposed acquisition of 36 Rafale jets by French automaker Dassault.
Yashwant Sinha and Arun Shourie, former trade union ministers, were jointly heard.
In a note sent to the court and communicated to the petitioners, the government stated that the 2013 defense procurement procedure was "fully followed" in the contract for 36 Rafale aircraft signed in September 2016.
In addition, the government indicated in the note that it did not have any information on the initiation of an Indian partner through the compensation offensive by Dassault. Judges will hear the petitioners' response to the note. The petition filed by Mr. Sinha, Mr. Shourie and Lawyer Prashant Bhushan has called for the opening of an IWC inquiry into the agreement.
At the last hearing on October 31, Chief Justice Ranjan Gogoi, composed of three judges, asked the government to confidentially share the details of the award as well as strategic information or other confidential information with the court about the transaction.
The joint motions filed by MM. Sinha and Shourie as well as by attorney Prashant Bhushan have requested the opening of a CBI inquiry into the case. Other petitioners, such as lawyers Mr. L. Sharma and Vineet Dhanda, have requested an SIT investigation under judicial supervision.
The petition alleges that an agreement with Dassault involved the purchase of 126 aircraft, 108 of which were to be manufactured in India by Hindustan Aeronautics Limited (HAL). However, in April 2015, the government announced the conclusion of an agreement providing for the purchase of 36 standard aircraft. The petitioners alleged that HAL had been withdrawn from the transaction and that a "novice company, Reliance Defense" was akin to this extremely sensitive defense agreement involving Rs. 59,000 crores without any experience or expertise in the manufacture of combat aircraft ".
Chief Justice Gogoi has already pointed out that the court would not enter into the "fitness" of Ravale 's fighter jets nor in its "utility for the army". Indian air ".
"What has been questioned is the good faith of the decision-making process and the price / cost of the equipment (fighter aircraft)," explained the Chief Justice about the scope of the judicial review.