The Union government has moved the Supreme Court seeking correction in the Rafale verdict. The move is aimed to counter the damage after the Congress levelled serious allegations of 'misleading' the apex court. Congress's allegations put the Union government on the back foot despite getting a favourable order in the fighter jet deal, with the Supreme Court dismissing all petitions seeking a court-monitored probe into the deal.
On Saturday, an application was filed by government lawyer R. Balasubramanian seeking a correction with regard to two sentences in paragraph 25 of the judgment.
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"The error in these two sentences, as explained hereinafter, appears to have occurred, perhaps, on account of a misinterpretation of a couple of sentences in a note handed over to this honorable court in a sealed cover. The observations in this judgment have also resulted in a controversy in the public domain, and would warrant correction by this honorable court in the interest of justice," it said.
Paragraph 25 of the apex court order had said, "The pricing details [of Rafale deal] have, however, been shared with the Comptroller and Auditor General (hereinafter referred to as 'CAG'), and the report of the CAG has been examined by the Public Accounts Committee (hereafter referred to as 'PAC'). Only a redacted version of the report was placed before the Parliament and in public domain.”
The Union government said its note in the sealed cover had said:
“The Government has already shared the pricing details with the CAG. The report of the CAG is examined by the PAC. Only a redacted version of the report is placed before the Parliament and in public domain.”
“The very fact that the present tense "is" is used would mean that the reference is to the procedure which will be followed as and when the CAG report is ready,” the Union government said in its application. It also said that “unfortunately, an element of misinterpretation of the statement made in the note handed over on behalf of the Union of India in the sealed cover, appears to have crept in. This has also resulted in a controversy being raised in the public domain”.
The Union government's move came after the Congress said the Modi government has misled the Supreme Court on Rafale pricing.
Calling it “factual bloomers”, senior Congress leader and former law minister Kapil Sibal said providing wrong information to the Supreme Court is a serious matter and only a Joint Parliamentary Committee (JPC) probe can bring out the truth.
Sibal said the Congress has always been clear that the Supreme Court was not an appropriate forum where these issues can be decided, as it cannot summon and examine file notings, witnesses on oath, including questioning the prime minister and the defence minister.
Meanwhile, reacting sharply to the Union government's affidavit, senior Congress leader Abhishek Manu Singhvi said in a series of tweets:
1/4 my presser #aicc at #Mumbai at 430 pm today. Asked how & why non existent #cag & #pac reports misrepresented to SC (2) raises issues of perjury, contempt, parl privilege; (3) correction appln by govt is an admission of error & guilt & establishes veracity of our allegations
— Abhishek Singhvi (@DrAMSinghvi) December 15, 2018
2/4 (3)when sealed cover adopted, obligation responsibility of govt to be more accurate & fair increases(4) #SC cld not hv dreamy of #cag & #pac wo factual misrep by govt (5) clarification appln wl not cure culpability already accrued
— Abhishek Singhvi (@DrAMSinghvi) December 15, 2018
Earlier today, Congress leader Mallikarjun Kharge, who is the chairman of the 22-member PAC dominated by members of the NDA, said that he will ask the PAC to summon both the CAG and the Attorney General over the Union government’s “lie” regarding the presentation of the CAG report before the PAC.
“Government lied in the Supreme Court that the CAG report was presented in the House and in the PAC, and the PAC has probed it. Government said in the Supreme Court that it is in public domain. Where is it? Have you seen it?” Kharge said.
