Rafale row | NDA govt short-circuited fresh tender process: Bhushan tells SC

Agencies
November 14, 2018

New Delhi, Nov 14: The Supreme Court Wednesday commenced its crucial hearing on pleas seeking a court-monitored probe into the procurement of 36 Rafale fighter jets from France.

A bench comprising Chief Justice Ranjan Gogoi and justices S K Kaul and K M Joseph is also likely to peruse the pricing details of the jets submitted by the government in a sealed cover.

During the hearing, advocate Prashant Bhushan, appearing on behalf of himself, and former union ministers Yashwant Sinha and Arun Shourie, submitted that the NDA government "short circuited" the acquisition process by taking the Inter Government Agreement (IGA) route to avoid giving tender.

He said there was no sovereign guarantee from the French government in the deal.

Bhushan argued that initially the Union Law Ministry had flagged the issue, but later gave in to the proposal of entering into the IGA.

The Air Force needed 126 fighter jets and had intimated the Defence Acquisition Council (DAC) about it, he said referring to the process of defence acquisition.

Initially, six foreign companies had applied and two firms were shortlisted during the earlier process.

Later the deal went to French firm Dassault and state-owned Hindustan Aeronautics Ltd was part of it. But, suddenly a statement was issued and it said there will be no technology transfer, and only 36 jets would be procured, the lawyer told the court.

Bhushan submitted that nobody knows about the alleged change in the deal done by the prime minister and even the defence minister was not aware about the the change.

Advocates M L Sharma, Vineet Dhanda and AAP MP Sanjay Singh, also advanced their arguments before Bhushan.

Sharma, who opened the argument, told the court that the IGA was "illegal" and sought an investigation into the matter.

Dhanda sought a proper reply from the Centre on his plea questioning the Rafale deal.

AAP leader's counsel Dheeraj Singh questioned as to why the government reduced the deal of 126 jets to 36.

He said the government should have increased the number of jets when there was a concern that adversaries were inducting more fighter jets.

Bhushan also raised the same point as Singh and said three and a half years have passed since the deal was signed on 36 Rafale jets but no aircraft has been received till now.

He said the first jet is to be delivered in September 2019 and delivery to continue till 2022.

"If the 126 aircraft deal was still on, at least 18 jets would have been delivered by April 2019," he submitted.

Hearing is currently underway in the top court.

The petitions in the matter have been filed by advocates M L Sharma, Vineet Dhanda.

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News Network
November 3,2024

Mangaluru: Deputy Chief Minister D K Shivakumar emphasized the urgent need for local job creation and a dedicated tourism policy to address communal tensions and rejuvenate the Dakshina Kannada region. 

He spoke during "Ashoka Jan-Mana," a clothing distribution event organized by Rai Estates Educational and Charitable Trust, under the leadership of MLA Ashok Rai, at Kombettu’s taluk stadium in Puttur on Saturday.

“There are challenges to communal harmony across the coastal and interior regions of Dakshina Kannada. To counter these issues, we must provide opportunities for our youth," Shivakumar stated. "The government is considering a specialized tourism policy for the coastal areas to attract more visitors and retain local talent."

Shivakumar expressed concern about a rising trend among local youth to migrate to Saudi Arabia, Mumbai, and Bengaluru due to limited job opportunities in the area. "Communal disturbances have also discouraged students from other districts from enrolling in our institutions, and several banks that originated here have closed down," he said.

Highlighting the region's potential, Shivakumar remarked, “Dakshina Kannada is home to many temples and boasts a rich coastline. Yet, despite Mangaluru having a major port, we still lack five-star hotels. Developing tourism here will be essential for creating jobs and fostering harmony.”

He also hinted at development projects proposed by Ashok Rai for Puttur, which are currently under wraps due to by-election restrictions. Assuring commitment, Shivakumar said, “Although we secured only two seats in Dakshina Kannada, we are committed to developing all constituencies in the region.”

The Deputy Chief Minister concluded with a powerful message on leadership, likening Ashok Rai to a modern embodiment of ancient virtues. “For success, one should have Dharmaraya's righteousness, Karna's generosity, Arjuna's focus, Vidura's ethics, Bhima's strength, and Krishna's strategy. Ashok Rai has all these qualities," he said, praising Rai’s dedication to the people of Dakshina Kannada.

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News Network
November 10,2024

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Mangaluru: A tragic accident took place on Saturday at Chembugudde near Thokkottu, claiming the life of a 47-year-old woman after a tanker lorry ran over her. The victim, identified as Rahmat H Rashid, was riding pillion with her husband, Abdul Rashid G, on their scooter. 

The couple was traveling from Yenepoya Hospital to Bajpe when the scooter skidded on the poorly maintained road. Rahmat fell onto the road and was fatally struck by a tanker lorry that was coming from behind. Despite being rushed to the hospital, doctors declared her dead upon arrival.

The incident prompted a swift response from the DYFI Ullal Taluk Committee, which staged a protest on Saturday night, condemning the unsafe condition of the road. Nithin Kuthar, president of the committee, criticized MLA and Legislative Assembly Speaker UT Khader for failing to ensure safe infrastructure, despite touting the road as toll-free. 

Kuthar demanded immediate repairs, warning that the committee would march to the MLA’s office with black flags if the road is not fixed within a week.

Former DYFI State President Sunil Kumar Bajal also voiced frustration over the deteriorating condition of Thokkottu market, highlighting the struggles people face while crossing roads riddled with dangerous potholes. In response to public outcry, temporary repairs were made to the road at Chembugudde on Sunday, though locals remain wary and demand a more permanent solution. 

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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