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The Rafale Judgement: All you need to know

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In a big win for the Modi government, the Supreme court of India on Friday dismissed all the dismissed all four petitions seeking enquiry into the 36 Rafale fighter jet deal.

The petitions sought a court-monitored CBI probe into the purchase of 36 Rafale fighter jets in a ready-to-fly condition from French company Dassault Aviation.

In its judgement, the three-judge bench consisting of CJI Ranjan Gogoi, Justices SK Kaul and KM Joseph said that ‘no investigation is needed into it.’

Here’s what the court had to say on the matter.

  • There is no occasion to doubt the decision-making process in the deal.
  • Perception of individuals cannot be the basis of a fishing and roving inquiry by this court, especially in such matters
  • No substantial material on record to show that this is a case of commercial favouritism to any party by the Government of India.
  •  No reason for any intervention by this court on the issue of purchase of 36 defence aircraft by the Indian government
  • Neither appropriate nor within the experience of the court to step into this arena of what is technically feasible or not.
  • No wrongdoing in the selection of Indian offset partners by Dassault Aviation.
  • Cannot afford to be unprepared or underprepared in a situation where our adversaries are stated to have acquired not only 4th Generation but even 5th Generation Aircraft, of which, we have none.
  • The decision to procure 36 or 126 fighter jets lies with the government.

Accepting the decision of the court, Dassault Aviation said, ” Dassault Aviation welcomes the decision of the Supreme Court of India rendered today dismissing all petitions filed on the Rafale Contract signed on 23rd September 2016 in the frame of an Inter-Governmental Agreement between India and France.”

“Dassault Aviation is dedicated to establishing successfully Make in India as promoted by PM Modi. Dassault Aviation will ensure successful production in India through Dassault Reliance Joint Venture in Nagpur as well as through a full-fledged supply chain network,” the statement added.

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