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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Nightclub fire: Luthra brothers brought to Goa from Delhi
Panaji (PTI): Gaurav and Saurabh Luthra, co-owners of the Birch by Romeo Lane nightclub, were brought to Goa from Delhi on Wednesday after being deported from Thailand in connection with the December 6 fire incident that killed 25 persons.
They will be interrogated by the Goa Police in connection with the devastating fire at the nightclub in Arpora, North Goa, an official said.
A team of the Goa Police, along with the Luthra brothers, landed at the Manohar International Airport, Mopa, in North Goa at 10.45 am.
ALSO READ: Goa nightclub fire: Luthra brothers deported from Thailand, taken into police custody
They are likely to be taken to the Anjuna police station for questioning. The accused will also be produced before a court in Mapusa town for their regular remand, the official said.
After the fire tragedy, the Anjuna police had registered a case against the Luthra brothers on various charges, including culpable homicide not amounting to murder.
The Luthra brothers were arrested on Tuesday as soon as they landed in Delhi after being deported from Thailand. A court there allowed the Goa Police their two-day transit remand.
The duo had fled to Phuket (Thailand) early on December 7, hours after the fire at their nightclub, prompting the authorities to issue an Interpol Blue Corner Notice and cancel their passports.
They were detained by Thai authorities at Phuket on December 11 following a request from the Indian government, which later coordinated with officials in Thailand to deport them under legal treaties between the two nations.
Five managers and staff members have already been arrested by the Goa Police in connection with the fire.
