38.6c New Delhi, India, Saturday, May 18, 2024
Judiciary

Rafale Deal: Yashwant Sinha, Arun Shourie, Prashant Bhushan Files Review Petition In SC

By LawStreet News Network      02 January, 2019 12:00 AM      0 Comments
Rafale Deal: Yashwant Sinha, Arun Shourie, Prashant Bhushan Files Review Petition In SC

Former Bharatiya Janata Party (BJP) leaders Arun Shourie and Yashwant Sinha and lawyer Prashant Bhushan on January 2, 2019, filed a review petition in the Supreme Court under Article 137 of the Constitution of India to challenge the judgment passed by the apex court on December 14, 2018.

In the review plea, the petitioners alleged that the judgment is based on “errors apparent on the face of the record” and ought to be recalled. The petitioners have, therefore, sought an oral hearing in open court.

The petition asserting that the Centre “quite clearly misled the court” has said that “The government has blatantly misled the Hon’ble Court and the Hon’ble Court has grossly erred in placing reliance on false averments in the note not even supported by an affidavit. The entire judgment is based on disputed questions of facts in respect of which an investigation needs to be done. As the judgment is based on evidently false averments in the note not shared with the petitioners, on that ground alone the entire judgment ought to be not just reviewed but recalled.

Further, it was also submitted that the verdict did not take into consideration the fact that Reliance Aerostructure Ltd, the beneficiary of the offset contract, was ineligible to be chosen as an offset partner.

Moreover, the court did not even dealt with the petitioners’ prayer for registration of FIR and investigation by the Central Bureau of Investigation (CBI). Instead, the Court reviewed the contract “prematurely” without the benefit of any investigation or inquiry into disputed questions of facts, the plea submits.

The petition also objects to the Court’s reliance on the Centre’s note on the pricing of Rafale jets, which was neither shared with the petitioners nor examined in the light of other “primary documents”.

The Supreme Court on December 14, 2018, found no irregularities in the National Democratic Alliance (NDA) government’s decision-making process to purchase 36 Rafale fighter jets from French company Dassault and dismissed all petitions seeking a court-monitored investigation into Rafale deal.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email