FLYING LEGALLY (AN OVERVIEW OF THE RAFALE CASE)

Author-Prakhar Vishwas Mishra*

Editor- Atishree Gupta


Overview and Introduction


Rafale is a production of a French aviation company named Dassault Aviation. The aircraft’s generation is 4.5 and the meaning of the word Rafale is “a gust of wind”. It was fully introduced in the French army in the year 2006 and It is an aircraft which can be armed with wide range weaponries and even nuclear attacks are viable with this state of the art modern aircraft. Rafale has many modern features which not only make it one of the most deadliest fighter aircrafts of the world but also its certain features make it highly stealthy and it can easily dodge or confuse enemy radars.


It has proven its ground in the most deadly conditions of Syria, Libya and Afghanistan. In 2007, the Ministry of Defense tendered for the acquisition of 126 warrior aircraft, in accordance with the technique set out in the Defense Procurement Procedure (DPP). Specifically, the Union would buy 18 from abroad in 'fly-away'; condition, while 108 would be fabricated in India by Hindustan Aeronautics Limited(HAL) through a 'transfer of innovation, from an unfamiliar organization. After a broad determination measure, the Union chose the French organization Dassault. Dassault fabricates the Rafale twin-motor warrior airplane. By 2015, value arrangements were in their last stage.


Notwithstanding, in March 2015 Prime Minister Narendra Modi and the President of France declared another arrangement for the acquisition of just 36 Rafale warrior aircraft. The Ministry of Defense therefore reported that the delicate 126 airplane had been pulled back. The new deal included a totally refurbished agreement in which it was decide that Dassault Aviation would invest 30% of its earnings in Indian firms and companies which would involve training and cooperation between both the nations in the field of aviation technology. In 2018, a petition was filled by multiple parties including- AAP MP Sanjay Singh, ML Sharma, Yashwant Sinha and more. They raised many doubts over the deal done between Modi government and the French aviation firm. Their issues with the deal were:


● Was this deal done without a proper recommendation from the committees formed for this purpose?

● Was Reliance given an undue advantage in this deal being made between the present government and Dassault Aviation and was HAL eliminated from the deal purposefully?

● Is the central government using any kind of unfair tactics in the name of this deal and disregarding the CAG Act in doing so?

● Are the costs of a single jet being multiplied heavily and is the government trying to gain any kind of benefit by preferring Dassault aviation over other alternatives?


Courts Verdict


Finally, on 14 November 2018 the Hon’ble SC gave its decision on this long disputed deal. After one month on 14 December, the court pardoned the request for a court noticed assessment. The court saw that it found no anomaly in the dynamic cycle, assessing or assurance of an off-set accessory. The court showed up at its choice dependent on evidence conveyed by the State in fixed spreads.


Timeline of events:[1]


- May 2011: Air Force short-records Rafale and Eurofighter planes


- Jan 30, 2012: Dassault Aviation's Rafale airplane thinks of the least offer


- Mar 13, 2014: Work Share arrangement marked among HAL and Dassault Aviation under which they were answerable for 70% and 30% of the work, individually, for 108 airplane


- Aug 8, 2014: Then guard serve Arun Jaitley discloses to Parliament that 18 direct ;'fly-away'; airplane expected to be conveyed in 3-4 years from marking of the agreement; staying 108 airplane to be conveyed in the following seven years


- Apr 8, 2015: The then unfamiliar secretary says itemized conversations in progress between

Dassault, MoD and HAL


- Apr 10: New arrangement for procurement of 36 direct 'fly-away'; airplane from France

declared


- Jan 26, 2016: India and France sign MoU for 36 Rafale airplane


- Sep 23: Inter-administrative understanding marked


- Nov 18: Government states in Parliament that the expense of each Rafale airplane to be roughly Rs 670 crore and that all airplane will be conveyed by April 2022


- Dec 31, 2016: Dassault Aviation's Annual Report uncovers the genuine cost paid for the 36

airplane at about Rs 60,000 crore, more than twofold the administration's expressed cost in

Parliament


- Mar 13, 2018: PIL in SC looks for autonomous test into Center's choice to acquire 36 Rafale contender planes from France and divulgence of the cost associated with the

arrangement before Parliament


- Sep 5: SC consents to hear PIL looking for remain on Rafale warrior stream bargain


- Oct 8: SC consents to hear on October 10 new PIL looking for heading to Center to record

in 'fixed spread'; the subtleties of the arrangement for purchasing 36 Rafale warrior planes


- Oct 10: SC solicits Center to give subtleties from dynamic cycle in the Rafale warrior fly

arrangement in a fixed spread


- Oct 24: Former Union pastors Yashwant Sinha and Arun Shourie and extremist attorney Prashant Bhushan moves SC, looking for enrollment of FIR into Rafale contender fly arrangement


- Oct 31: SC requests that Center spot it in fixed spread inside 10 days the estimating subtleties of 36 Rafale warrior planes


- Nov 12: Center spots value subtleties of 36 Rafale warrior planes in a fixed spread before SC; it additionally gives subtleties of steps that prompted finish of the Rafale bargain


- Nov 14: SC saves judgment on supplications looking for court-observed test in Rafale bargain


- Dec 14: SC says there is no event to question the dynamic cycle of the Modi government and excuses all the petitions looking for bearing to the CBI to enlist a FIR for supposed anomalies in the fly arrangement


- Jan 2, 2019: Sinha, Shourie and Bhushan move SC looking for audit of its December 14 judgment


- Feb 26: SC consents to hear survey petitions in open court


- Mar 13: Govt discloses to SC that reports documented by audit applicants are touchy to

public security


- Apr 10: SC excuses Center's complaint guaranteeing benefit over reports by applicants to

look for survey


- Apr 12: BJP MP Meenakshi Lekhi moves SC against Rahul Gandhi for wrongly ascribing his ;chowkidar chor hai; comments on Rafale to the pinnacle court


- Apr 23: SC issues disdain notice to Rahul Gandhi for his comments on Rafale decision


- May 8: Gandhi tenders unrestricted statement of regret in SC


- May 10: SC holds decision on survey requests and disdain appeal


- Nov 14: SC excuses audit requests against its decision in the Rafale bargain, rejects dispute that there was requirement for enlistment of a FIR regarding the obtainment of 36 contender planes from French firm Dassault Aviation. SC closes hatred supplication against Rahul Gandhi.


Conclusion


The doubts were cleared after the verdict given by the supreme court and various allegations made by the UPA government were cleared by it’s verdict. The clear allegation made by the UPA government on the fact that it had intentions to buy 126 Rafale’s at a nominal cost of 78,000 and on the other hand the NDA government had signed a deal of just 36 fighter jets at a heavy cost of 58,000 crore. On this regard the Hon’ble court observed that the UPA governments MMRCA deal was not a completed process rather it was still underway which also did not include the cost of the weaponries attached to the jet, the training of Indian fighter pilots, the future maintenance cost of the jets were missing from their deal.


Whereas the NDA government has finalized their deal and it included all such other subsidiary costs and that is the reason that the UPA government is observing such a high prices although it can also be said that UPA government along with their French counterpart are trying to produce an illusion of corruption. The Hon'ble court also stated that NDA had not imposed any restriction on the French government that the offset deal would be only signed between France and Anil Ambani’s Reliance Defence industry rather France on the hand has selected dozens of other Indian companies for the offset deal and allocated a 3% of marginal share to Reliance industries which looks fair enough[2]. Therefore there was no deal or corruption being done either between the French and the Indian government or between Indian government and Reliance industries. Due to this historic judgement India have now got a total of 8 Rafale jets and a batch of 3 jets touched down on the Jamnagar Air base of Gujrat on 4th of November late at night which flew continuously from their origin airbase from France.


REFERENCE


1.“Rafale deal case: A timeline“, (December 14, 2018 12:54), https://www.thehindu.com/news/national/rafale-deal-case-a-timeline/article25741453.ece


2. “Reliance Defence will get 3% of Rs 30,000 crore Rafale offset”, (Oct 16, 2018, 10:45 AM IST),

https://economictimes.indiatimes.com/news/defence/reliance-defence-to-get-3-of-rs-30000-croreoffset/articleshow/66228334.cmsutm_source=contentofinterest&utm_medium=text&utm_campaign=cppst


*The Author Prakhar Vishwas Mishra is a B.A.LLB(Hons) student at Jagran Lakecity University(School of Law), Bhopal.

Disclaimer-This article is the original submission of the Author. VAIDHA doesn't hold any liability arising out of this article.


Recent Posts

See All
  • LinkedIn
  • Facebook
  • Instagram

Publisher: Shuvasmita Nanda

Qr No- C/1,Railway Colony,Barbil,Keonjhar Odisha-758036

 

VAIDHA is featured in TOP 100  

Indian Law Blogs on the web by Feedspot.

 

FOR INTERNSHIP OR

ANY OTHER INFORMATION

Mail us at:

www.vaidha.04@gmail.com

  

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.