Rafale deal: SC rules out intervention

The Supreme Court on Friday said it cannot embark on a judicial review into the deal for procurement of 36 Rafale fighter jets on the basis of petitions, which seem to have been spurred by a media interview of former French President Francois Holland and press coverage alleging “favouritism” by the Narendra Modi government.

Individual perceptions cannot be the basis of a roving judicial review… The court cannot sit as an appellate authority over each and every aspect of the deal,” Chief Justice of India (CJI) Ranjan Gogoi, who authored the judgment for a three-judge Bench, held.

The court refused to employ its considerable powers of judicial review to intervene in the deal’s decision-making process, pricing and the choice of Indian Offset Partner (IOP). It agreed with the government that judicial review is constricted in matters of defence procurements, inter-govenmental agreements that may be vital to national security.

Court holds that there is no substance to the allegation that the government showed any “commercial favouritism” as the choice of IOP is not in government’s realm.