New Delhi, Nov 1: The Supreme Court on Wednesday asked the Centre to place before it in a sealed cover within 10 days the pricing details of 36 Rafale fighter jets India is buying from France.
A bench headed by Chief Justice Ranjan Gogoi also said that details, including the steps in the decision making process for the procurement of jets, which could “legitimately” be brought into public domain, be made available to the parties who have filed petitions before it in the matter.
After the court dictated the order, Attorney General K K Venugopal told the bench that pricing details of these jets were not even shared with Parliament.
The bench, which also comprised Justices U U Lalit and K M Joseph, told the Attorney General that if the pricing detail was “exclusive” and it could not be shared with the court then the Centre should file an affidavit in this regard and say so.
“If pricing is something exclusive and you are not sharing it with us, please file an affidavit and say so,” the bench told Venugopal in its oral observations.
The bench made it clear that at this stage, details which might be considered to be “strategic and confidential” by the government be placed before the court and might not be given to the advocates appearing for the petitioners.
The court noted in its order that pursuant to its October 10 direction, the government has placed before it in a sealed cover a note giving the “details of the steps in the decision making process leading to the award of 36 Rafale jet-fighters/fighter aircrafts”.
“At this stage, we would not like to record any finding or views with regard to the contents of the said report. Rather, we are of the opinion that such of the core information conveyed to the court in the aforesaid confidential report which can legitimately be brought into the public domain be made available to the counsels for the petitioners in all the cases, as well as, the petitioners-in-person,” the bench said.
It said further details that could legitimately come in public domain with regard to induction of Indian offset partner, if any, be also furnished to the petitioners.
“Such of the details in this regard which may be considered to be strategic and confidential may, at this stage, be placed before the court and may not be furnished to the counsels for the parties or the petitioners-in-person,” the court said.
“The court would also like to be apprised of the details with regard to the pricing/cost, particularly, the advantage thereof, if any, which again will be submitted to the court in a sealed cover,” the bench said in its order.
When Venugopal told the bench that report which the Centre has already placed before the court was covered under the Official Secrets Act and could not be shared, the bench made it clear that confidential and strategic information need not be shared.
The apex court also observed that in none of the public interest litigations (PILs) filed before it in the matter, the “suitability” of Rafale fighter jets and its “utility” to the Indian Air Force have been questioned.
