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Centre defends secrecy clause for pricing of Rafale jets in SC

PTI New Delhi | Updated on November 14, 2018 Published on November 14, 2018

FILE PHOTO - Supreme Court of India

The Centre defended the secrecy clause related to the pricing of the 36 Rafale fighter jets in the Supreme Court on Wednesday and said it cannot divulge details of the deal.

These matters are for the experts to deal with and “we have been saying that even Parliament has not been told about the complete cost of jets”, Attorney General K K Venugopal told a bench headed by Chief Justice Ranjan Gogoi.

The law official said that the Centre has given in a sealed cover the complete details of the Rafale jets, the weapons to be fitted on the aircraft and other requirements.

The Centre on Monday had submitted to the apex court in a sealed cover, the pricing details of the Rafale jets.

K K Venugopal's stand

Venugopal also told that the court is judicially not competent to decide what aircraft and weapons are to be bought as it is a matter for experts.

Defending the secrecy clause related to the pricing of the Rafale jets, he said,”Our adversaries may get advantages if the entire details on the pricing is disclosed.”

Refusing to divulge details on the pricing aspect, Venugopal said he will not be able to assist the court further on the pricing issue.

“I decided not to peruse it myself as in a case of any leak, my office would be held responsible,” he said.

While the Centre was making a submission on the issue of pricing, the bench, also comprising justices S K Kaul and K M Joseph, said any discussion on pricing of the Rafale fighter jets can only take place if the facts on the deal are allowed to come in the public domain.

“The decision we need to take is whether to bring the fact on pricing in public domain or not,” the bench said.

The top court told the attorney general that without bringing the facts in public domain, there was no question of any debate.

However, the bench clarified that any discussion on price will be considered if it thinks that it should come in the public domain.

Sovereign guarantee

During the hearing, Venugopal said at the exchange rate of November 2016, the cost of a bare fighter jet was Rs 670 crore.

India signed an agreement with France for the purchase of 36 Rafale fighter aircraft in a fly-away condition as part of the upgrading process of the Indian Air Force equipment.

The estimated cost of the deal is Rs 58,000 crore.

The Rafale fighter is a twin-engine Medium Multi Role Combat Aircraft (MMRCA) manufactured by French aerospace company Dassault Aviation.

Venugopal said earlier, the jets were not to be loaded with requisite weapons system and the reservation of the government was due to the fact that it did not want to violate the clause of the Inter Government Agreement and the secrecy clause.

He also told the court that presently three countries France, Egypt and Qatar are flying Rafale fighter jets.

On the issue of lack of sovereign guarantee, the attorney general said though there is no sovereign guarantee, but there is a letter of comfort by France which would be as good as a governmental guarantee.

Venugopal concluded his argument saying that Rafale aircrafts are potent and “had we possessed Rafale during the Kargil war, we could have avoided huge casualties as Rafale is capable of hitting targets from a distance of 60 kms“.

To this the bench said,”Mr. Attorney, Kargil was in 1999-2000? Rafale came in 2014.”

The top law officer replied, “I said it hypothetically”.

Published on November 14, 2018

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