Centre defends secrecy clause relating to pricing of Rafale jets in Supreme Court
New Delhi, Nov 14 : The Centre defended the secrecy clause related to the pricing of the 36 Rafale fighter jets in the Supreme Court on Wednesday and said it cannot divulge details of the deal.
These matters are for the experts to deal with and "we have been saying that even Parliament has not been told about the complete cost of jets", Attorney General K K Venugopal told a bench headed by Chief Justice Ranjan Gogoi.
The top law officer said the Centre has given in a sealed cover the complete details of the Rafale jets, the weapons to be fitted on the aircraft and other requirements.
The Centre on Monday had submitted to the apex court in a sealed cover, the pricing details of the Rafale jets.
Venugopal also told the apex court that the court is judicially not competent to decide what aircraft and weapons are to be bought as it is a matter for experts.
Defending the secrecy clause related to the pricing of the Rafale jets, he said,"Our adversaries may get advantages if the entire details on the pricing is disclosed."
Refusing to divulge details on the pricing aspect, Venugopal said he would not be able to assist the court further on the pricing issue. "I decided not to peruse it myself as in a case of any leak, my office would be held responsible," he said.
While the Centre was making a submission on the issue of pricing, the bench, also comprising justices S K Kaul and K M Joseph, said any discussion on pricing of the Rafale fighter jets can only take place if the facts on the deal are allowed to come in the public domain.
"The decision we need to take is whether to bring the fact on pricing in public domain or not," the bench said.
The top court told the attorney general that without bringing the facts in public domain, there was no question of any debate on the pricing of the planes.
However, the bench clarified to the law officer that any discussion on price will be considered if it thinks that it should come in the public domain.
During the hearing, Venugopal said at the exchange rate of November 2016, the cost of a bare fighter jet was Rs 670 crore.
India signed an agreement with France for the purchase of 36 Rafale fighter aircraft in a fly-away condition as part of the upgrading process of the Indian Air Force equipment.
The estimated cost of the deal is Rs 58,000 crore.
The Rafale fighter is a twin-engine Medium Multi Role Combat Aircraft (MMRCA) manufactured by French aerospace company Dassault Aviation.
Venugopal said earlier, the jets were not to be loaded with requisite weapons system and the reservation of the government was due to the fact that it did not want to violate the clause of the Inter Government Agreement and the secrecy clause.
He also told the court that presently three countries France, Egypt and Qatar are flying Rafale fighter jets.
On the issue of lack of sovereign guarantee, the attorney general said though there is no sovereign guarantee, but there is a letter of comfort by France which would be as good as a governmental guarantee.
Venugopal concluded his argument saying that Rafale aircrafts are potent and "had we possessed Rafale during the Kargil war, we could have avoided huge casualties as Rafale is capable of hitting targets from a distance of 60 kms".
To this the bench said,"Mr. Attorney, Kargil was in 1999-2000? Rafale came in 2014." The top law officer replied, "I said it hypothetically".
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Virudhunagar firecracker unit blast: Toll climbs to 25, Rs 5.5 lakh ex gratia announced
Virudhunagar (Tamil Nadu) (PTI): With most bodies charred beyond recognition, identification remains difficult, police said on Monday, as the toll in the massive explosion at a fireworks unit near Kattanarpatti here rose to 25.
The Virudhunagar district administration has announced Rs 5.5 lakh ex gratia to the kin of deceased.
The accident is one of the deadliest industrial disasters in the region in recent years.
"Bodies were so badly charred that we were able to identify mostly with jewellery that the victims were wearing," a police official told PTI.
He said that the families have not yet claimed the bodies due to the uncertainly in the identities.
The factory owner is absconding, he added.
The accident occurred at the Vanaja firecracker unit, owned by one Muthumanickam, which functions under the Vachakarapatti police station limits.
The unit is reportedly licensed by the Petroleum and Explosives Safety Organisation (PESO), Nagpur.
Post-mortem reports have established that the 25 victims, include 22 women and three men, the police official added.
Eight workers, mostly women, are critically injured with 60 per cent burn injuries. Twelve others, including eight policemen, were injured in a second blast on Sunday evening while rescue operations were underway.
Rescue operations were severely hampered for hours, as unexploded materials continued to detonate.
A second blast at 7.20 pm, triggered as an earthmover was clearing debris, caused chaos and injured several responders, including a revenue official.
Meanwhile, sources said about 1,000 people, including the families of the victims and residents of nearby villages, are threatening a road roko, demanding the arrest of the owner of the factory.
Local eyewitnesses, including Ranganathan from the nearby Seervaikarampatti village, described hearing a massive blast that sent "thick black smoke" into the sky.
"Nothing was recognisable. We saw bodies being loaded four at a time into vehicles," he told PTI Videos.
Many of the deceased were from Seervaikarampatti village, with residents claiming that at least 20 victims belonged to their village.
Among those killed was 46-year-old Indrani, a veteran worker of 25 years.
"My mother was the sole breadwinner. My father is disabled and stays home. I have an MSc degree, but I’m working at a petrol bunk to help out, and we haven't even paid my brother's school fees yet," said Madhubala, Indrani’s daughter, while pleading for government employment assistance.
Virudhunagar Collector N O Sukhaputra confirmed that the unit was operating without permission on a rest day.
Preliminary findings suggest the blast originated in a chemical mixing shed, where nearly 40 workers were busy making crackers, a violation of safety norms that typically limit occupancy to four workers per shed.
"Had these workers followed primary safety norms, the casualties could have been minimal," a senior official stated.
Chief Minister M K Stalin has ordered a high-level probe and directed ministers to oversee relief efforts.
The tragedy follows a similar accident in Vembakottai just days earlier, which claimed four lives, intensifying calls for stricter enforcement of safety regulations in the district’s firecracker hub.
The explosion occurred at approximately 3.15 pm on Sunday. Although the fireworks industry is officially shut on Sundays, over 100 workers were reportedly engaged in production.
Later in the day, Sukhaputra said Rs 5.5 lakh ex gratia each has been finalised for the families of 25 persons killed in the explosion.
Speaking to PTI Videos, he said the ex gratia cheques are ready for immediate distribution to the legal heirs.
"Out of 25 deaths, we have finished conducting post-mortems on 22 bodies. Already we have cheques (that) are ready,” Sukhaputra said.
The announcement followed intense demands from grieving relatives for financial security and government employment.
