New Delhi, May 4: The Centre on Saturday filed a fresh affidavit in the multi-million Euro Rafale fighter jets scandal, asserting that the Supreme Court's well reasoned order of December 14, 2018, which had given a clean chit to it, could not be reviewed on the basis of 'some stolen documents revealing incomplete file notings.'
The decisions by the Cabinet Committee on Security and also by Defence Acquisition Council, the highest decision-making body in the Ministry, had kept in view all the facts of the case, stated the affidavit filed in the apex court by Solicitor-General Tushar Mehta.
Actions of the plaintiffs, Mr Mehta contended, tantamount to questioning the sovereign decision concerning national security and defence.
Monitoring of the progress by the Prime Minister's Office of this government-to-government process cannot be construed as an interference or parallel negotiations, the affidavit further claimed.
Headed by Chief Justice of India Ranjan Gogoi, the three-judge bench is expected to take up the matter on May 6, Monday.
The affidavit submitted that in the garb of seeking review of the judgement, and placing reliance on some press reports and some incomplete internal file notings procured unauthorisedly and illegally, the plaintiffs cannot seek to reopen the whole matter since the scope of review petition was extremely limited.
The Review Petition, it was therefore submitted, was an attempt to get a fishing and roving inquiry ordered, which the apex court had specifically declined to go into based on perceptions of individuals.
There is a misleading attempt by the petitioners to link routine administrative matters regarding transfer, posting of officers with the internal processing of this case.The petitioners, the affidavit contended, had made a totally false allegation that Rajeev Verma, Joint Secretary & Acquisition Manager (Air) who was one of the three officers who had highlighted the issues of concern, had proceeded on leave in protest. In fact, Mr Verma signed the Note for the Cabinet in the instant case, the SG affirmed.
Union of India had approached the Supreme Court on April 29 seeking more time to file a fresh affidavit in the Rafale review petition case. (UNI)