Rafale case: Media reports can’t be basis for review, Centre tells Supreme Court 

Arunima Bajaj  Saturday 4th of May 2019 07:12 PM
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A French air force Rafale warplane.

New Delhi: In a reply to an application filed by review petitioners, the Centre told the Supreme Court that “categorical and emphatic” findings recorded by the top court in its December 14, 2018, verdict in the Rafale deal case has no apparent error warranting its review.

The reply said, “It is submitted that in the garb of seeking review of the judgment, and placing reliance on some media reports and some incomplete internal file notings procured unauthorized and illegally, the petitioners cannot seek to reopen the whole matter by asking for production of documents in review petition since the scope of review petition itself is extremely limited.”

The Centre’s affidavit said, “The review petition ... is an attempt to get a fishing and roving inquiry ordered, which this court has specifically declined to go into based on perception of individuals. A non-existent distinction is sought to be created between an inquiry by the CBI and the court by playing on words.”

The Centre asserted that media reports cannot form the basis for seeking review of the judgment according to a well-settled law that courts do not take decision on the basis of media reports and added that the review petitioners were relying on information which are based on “unsubstantial media reports or part of internal file notings deliberately projected in a selective manner which cannot form the basis for a review of the verdict.”

It added, “The window for any person making the request not only to seek papers from ministry of defence but from other ministries and departments dealing with subjects mentioned above if they are stolen and placed in public domain by the press or a website.”

Earlier on April 30, the the Supreme Court directed the Centre to file response to the petitions seeking review of last December’s verdict, latest by May 4. In its December 2018 verdict, the apex court had dismissed the pleas seeking probe into the Rafale warplane deal with France for alleged irregularities.


 

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