Yashwant Sinha, Arun Shourie, Prashant Bhushan seek perjury action against officials in Rafale case
New Delhi, Feb 18: Former Union Ministers Yashwant Sinha and Arun Shourie as also activist lawyer Prashant Bhushan moved the Supreme Court Monday seeking initiation of perjury proceedings against central government officials for allegedly giving "false or misleading" information in a sealed cover in the high-profile Rafale case.
The apex court on December 14 last year dismissed a clutch of PILs, including the one filed by Sinha, Shourie and Bhushan, saying that there was "no occasion to doubt" the decision-making process of the Centre in the procurement of 36 Rafale jets from France.
The trio, which has filed the plea seeking review of the verdict, filed a fresh application under section 340 of the CrPC (Code of Criminal Procedure (CrPC) seeking perjury prosecution against the officials responsible for providing "false" and "misleading" information to the apex court in a sealed cover.
The apex court had sought information from the Centre about the pricing details and the decision making process undertaken by the government before sealing the Rs 56,000 crore fighter jets deal.
The prosecution of the officials has been sought under section 193 and 195 of the IPC which deal with the offences of giving false evidence, contempt of lawful authority of public servants and giving false documents in evidence.
"The information that has come into the public domain after the judgement of court was delivered prima facie shows that government 'misled' the court on various counts and the basis of the judgement of the court is more than one untruth submitted by the government and suppression of pertinent information.
"The untruths and suppression of information in the notes' constitute perjury and also contempt as the notes' were submitted pursuant to the orders of the court," the plea said.
The plea, which has been filed in the disposed of PIL, said that the note on pricing was not shared with the petitioners.
"From the notes on the 'decision making process' and 'offsets', and Judgement of the court based on notes' submitted by the government, more than one untruth and suppressions are apparent," it said.
The plea also gave the details of "misleading facts", as per their opinion, to the court.
The suppression of information by the government deprived the court of complete facts and it led to dismissal of the PILs, the plea said, adding that the errant officials who misled the court be identified and suitably dealt with.
Referring to the CAG's audit of the deal, the plea said: "There was no CAG report at the time. The Government misled the court into relying on non-existent fact/report as basis of its observation on pricing in the judgement.
"Instead of admitting that it misled the court, by way of an application for 'correction', government imputes that Justices ...have misinterpreted tenses in English grammar in like manner individually and severally...".
The government's act of stating "untruth" to the court in a sealed cover on 'pricing' and its subsequent "scandalous" plea for modification have lowered the "sanctity of judicial proceedings", it said.
The plea also referred to recent media reports and alleged suppression of "unauthorised parallel negotiations" by the by the PMO and bypassing of the Ministry of Defence and the Indian Negotiating Team (INT).
Advocate M L Sharma was the first petitioner in the case. Later, another lawyer, Vineet Dhanda, moved the apex court with the plea for court-monitored probe into the deal. AAP leader Sanjay Singh also filed a petition.
After the three petitions were filed, former Union ministers Yashwant Sinha and Arun Shourie along with activist advocate Prashant Bhushan moved the apex court with a plea for a direction to the CBI to register FIR for alleged irregularities in the deal.
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Bengal: Over 55 pc turnout till 1 pm in repoll in 15 booths of 2 assembly seats
Kolkata (PTI): Over 55 per cent turnout was recorded till 1 pm in repoll in 15 booths of two assembly constituencies in West Bengal's South 24 Parganas district on Saturday, an official said.
Voting was underway more or less peacefully at 11 polling stations of Magrahat Paschim assembly constituency and four in Diamond Harbour, where the EC ordered repoll a day ago, following reports of electoral malpractices.
However, at booth number 179 at Chanda Primary School of Diamond Harbour seat, the Trinamool Congress alleged that a specially abled voter and his mother were harassed by central forces. The alleged incident sparked protests by party workers and locals.
The TMC claimed that the voter's mother, who had entered the booth to assist him, and her son were detained for a considerable time by central forces over alleged rule violations.
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"TMC leaders Manmohini Biswas and Pratik Ur Rahman reached the spot and led the protests, with residents terming the action unwarranted harassment. The matter has been taken care of by our officials there," an official of the poll body said.
Polling was otherwise peaceful across 15 booths in the area, he added.
Voting began at 7 am and will continue till 6 pm, the official said, adding that till 1 pm, the turnout was 55.57 per cent.
Magrahat Paschim registered 56.33 per cent voter turnout, while in Diamond Harbour, it was 54.9 per cent, a poll official stated.
Voting in these two assembly constituencies was held in the second phase of the state elections on April 29.
The repoll order was based on reports received from returning officers and observers of the two constituencies and "material circumstances", the Election Commission official said.
In Magrahat Paschim, TMC's Md Samim Ahamed Molla is pitted against BJP nominee Goursundar Ghosh, while Abdul Majid Halder of the Congress and ISF candidate Abdul Aziz Al Hassan are also in the fray.
TMC candidate Panna Lal Halder is contesting against Dipak Kumar Halder of the BJP in the Diamond Harbour seat. Goutam Bhattacharya of the Congress and CPI(M)'s Samar Naiya are among other candidates.
The BJP had alleged rampant electoral malpractices in certain polling stations of both the assembly seats under the Diamond Harbour Lok Sabha constituency, which is represented by TMC national general secretary Abhishek Banerjee.
The EC had deputed its special observer, Subrata Gupta, to fact-check the allegations from the ground.
The poll panel will decide on repolling in the Falta assembly constituency on Saturday.
The West Bengal assembly elections were held in two phases -- April 23 and April 29 -- amid unprecedented security arrangements.
Counting of votes will take place on May 4.
