SC to hear plea for the recall of Rafale judgment in open court

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Rafale jet fighters

New Delhi,  The Supreme Court on Tuesday said it would hold an open court hearing the petitions seeking a recall and review of December 14 judgement giving a clean chit to the government for acquiring 36 Rafale jet fighters in a ready-to-fly condition.

The plea for the recall of December 14 judgement, besides others, has been filed by former Finance Minister Yashwant Sinha, journalist-turned-politician Arun Shourie and activist-lawyer Prashant Bhushan.

The top court in its December 14, 2018, judgement dismissed the four petitions seeking a court-monitored probe into the purchase of 36 Rafale jet fighters. The court said the decision-making process was not in doubt and that it cannot go into the question of pricing and choice of offset Indian partner by the French aircraft manufacturer Dassault.

The bench of Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice K.M. Joseph decided to hold an open court hearing of the pleas seeking the recall of December 14 judgement on several grounds, including the information that has come into public domain after the pronouncement of the December 14 judgement.

The bench in its order on Tuesday said, “List the matters for hearing in open Court along with a plea for the initiation of perjury proceedings against officials allegedly for misleading the court and suppressing the information.”

The plea for perjury proceedings against officials who had allegedly misled the court by giving false evidence and suppressing information has been moved by former Finance Minister Sinha, Shourie and Bhushan.

They have sought direction for identification of officials who allegedly misled the court or suppressed crucial information from it.

Sinha, Shourie and Bhushan had on January 2 had sought a recall of the verdict contending that the court had “relied upon patently incorrect claims made by the government in an unsigned note given in a sealed cover.”