Rafael Deal India
Rafael Deal India
Now a days " Rafael
deal" is trending and lots of controversies is going on among political
parties of India and recently Supreme court of Indian gave the judgment causing
discussions on every knock and corners . A brief history of the "Rafael
Deal " is given here in under in brief .
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| Fighter Jet |
Important
facts about Rafael Deal
Rafael is the name of fighter jet of 5th-6th
generation and same is by the Dassault Aviation , a
company of France. An agreement
for 36 Rafael Fighter Jet was signed by Indian govt. and France Govt.
, popularly known as Inter Government Agreement i.e. in short IGA.
All the writ petitions had been
filed raising finger against the IGA and seeking not only to quash the
IGA but also seeking to register FIR against the Prime Minister of India and
other authorities concern.
Journey of Rafael Fighter Jet to India
* June 2001 -
Principal approval was granted for
procurement of 126 fighter jets for Indian Air
* 2002 - Transparent approval was granted for
procurement of 126 fighter jets for Indian Air Force.
*2006 - A robust " offset clause "was included
to promote
*29 June 2007 - Defense Acquisition
Council ( in short DAC) granted the acceptance of necessity for the procurement of 126 medium multi role combat aircraft ( for short MMRCA)
including 18 direct fly away aircraft .
* August 2007- Bidding process
commenced . 6 vendors submitted proposals in 3 April 2008
*2011 - Staff Evaluation Report and a technical
oversight committee report was completed.
*2012 - Inter M/S Dassault Aviation was
placed as the L1 but without result.
* 2015 - Request
for proposal in respect to the 126 MMRCA was initiated to the 126 MMRCA Inter Government
Agreement ( for short IGA) was
issued and duly approved by DAC Negotiations carried out
and the process was completed after Inter Ministerial consultations with the
approval of the cabinet committee on security ( for short CCS)
*2016 - The contract for ;
Aircraft Package Supply
Protocol ;
Weapons Package Supply
Protocol;
Technical arrangement ;
Offset contract was
signed in respect of 36 Rafael Fighter Jets Delivered in phase manner commencing
from October 2019
* 2018- Certain Newspaper reported a
statement claimed to have been made by the former President of
France , Francois Hollande ,to the effect that the French Govt.were left with no
choice in the matter of selection of Indian Offset partners and the Reliance Group was
the named suggested by the govt. of India causing triggers to controversies
and several persons started filing writ petitions before
Honorable Supreme Court
Of India.
* Writ Petitions :-
4 writ petitions
were filed before the Honorable Supreme courtof India raising finger
against "Rafael Deal " detail of which is here in under -
(A) Writ Petition No. 297/2018
Sanjay Singh - (petitioner)
Sanjay Singh is an Indian parliamentarian
had filed this writ petition alleging illegality and non transparency in the
procurement process .He was seeking investigation into the reason for
cancellations of earlier deal and scrutiny of alteration of pricing and above
all how a novice company i.e. Reliance defense come to replace the Hindustan
Aeronautics Ltd ( An Indian company)
(B) Writ Petition no .
298/ 2018
Mr. Yashwant Sinha ( Former finance
minster of India
Mr. Prashant Bhushan ( famous lawyer
of Supreme court of India)
Mr. Arun Shourie ,A famous
politician
-All petitioners
Being aggrieved by and dissatisfied
with the non registration of FIR against "Rafael Deal "
they had filed this writ petition (criminal) before Honorable
Supreme Court.
(C) Writ petition
(criminal) no. 225/2018
Mr. Manohar lal Sharma -(the
petitioner)
He had filed this writ petition seeking
to register an FIR in "Rafael Deal" under Indian Panel Code
and a court monitored investigation and also prayed to quashing the Inter Govt. Agreement i.e. IGA in
short
(D) Writ petition( civil)
no. 1205/ 2018
Veenit Dutta -(petitioner)
This writ had been filed
by Veenit Dutta claiming himself as a public spirited Indian inspired
by the newspaper report.
All these cases were
filed against the Indian Govt. in which mainly Mr. Prime Minster of India namely Mr Narendra Das Modi was in picture .
Finally the Honorable
Supreme Court of India heard all above four
writs and pronounced the Judgement ," Dismissed all Writs.
Honorable Chief Justice of India Namely Mr Gogoie read the judgement as follows :-
# No substantial matter to interfere with the
issue of procurement ,pricing and
offset partners
# No
material to show that the deal is commercial favoritism.
# No
wrong doing in the selection of Indian offsets partners by Dassault Aviation
# Not
the court's job to deal with the comparative details of the pricing whenthe need and quality of aircraft is not
in doubt.
To sum up it can safely be
said that the raising finger against Rafael Deal was nothing but a hopeless attempt
of the opposition leaders mainly the Congress party and its leader Mr.
Rahul Gandhi for political gain but since the Honorable Apex
Court gave the clean chit to the Rafael Deal so their attempts remained in vain
and thus the air is out from the balloon . In spite of the above facts and
judgment of Apex court the opposition leaders of India are raising loud voice
in Indian Parliament trying hopelessly to draw the juice from the matter.
( source - Judgment of Supreme Court Of India , several newspapers and other sources)
( source - Judgment of Supreme Court Of India , several newspapers and other sources)
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