The Supreme Court Wednesday asked the government to furnish in a sealed cover the details of the pricing of the 36 Rafale fighter jets being purchased from France under a government to government deal.
“Court would also like to be appraised about the pricing” of the aircraft, “particularly the advantages thereof”, a bench of Chief Justice of India Ranjan Gogoi and Justices U U Lalit and K M Joseph ordered. The bench also asked the centre to share with petitioners who have challenged the deal, “information” on the decision-making process “which can be legitimately brought into public domain”.
The court gave the centre 10 days to furnish the details.
The bench directed that those details of induction of offset partners which can be legitimately shared, be also given to the petitioners. The bench however made it clear that strategic details need not be given.
The court had on the last date of hearing asked the government to furnish information on the decision making process leading to the award of the contract for purchase of the jets. However it had specifically said at that time that it was not seeking details of the pricing of the aircraft.
On Wednesday, the bench said it had gone through the information provided by the government and did not want to record any finding on it at this stage.
The court was hearing a batch of PILs seeking inquiry into the deal including one by former union ministers Arun Shourie, Yashwant Sinha and advocate Prashant Bhushan.
On the direction to provide details of the decision making process to the other side, Attorney General K K Venugopal pointed out that there may also be information covered under the Official Secrets Act.
The CJI then made it clear that the order was to provide only that information which could be put in public domain.
Venugopal also expressed difficulties in furnishing details of pricing saying it was not revealed even in Parliament
To this the court said, “if it’s something exclusive that it cannot be shared, then say so in an affidavit”.
Bhushan pointed out that he wanted a CBI probe monitored by the court.
The CJI replied with a smile, “that will have to wait…Let the CBI put its house in order first”.
