The Supreme Court’s rejection of petitions seeking review of its December 14, 2018 decision to dismiss pleas for a court-monitored probe into the purchase of 36 Rafale fighter aircrafts from France, must set at rest all talk of corruption in the deal to benefit the Narendra Modi government at the Centre. It was in the context of this deal that former Congress president Rahul Gandhi had called Prime Minister Narendra Modi a ‘chor’ (thief). The matter came up through another case the same day (Thursday) in which Rahul was let off with a warning against making such unsubstantiated statements. In the Rafale deal matter, the petitioners － former Union ministers Yashwant Sinha and Arun Shourie and senior advocate Prashant Bhushan － were told by the three-judge bench headed by Chief Justice Gogoi that there was no occasion to doubt the process of procuring the 36 Rafale jets and consequently there was no need to re-examine the case relying on additional documents. While the decision to reject a review of the purchase of Rafales was unanimous, Justice K M Joseph in a separate concurring judgement said it would not “stand in the way” of the CBI from taking action on the additional document adduced by the three petitioners. However, since the judgement has cleared the government of any wrongdoing in the deal, it is inconceivable that Justice Joseph’s observations will have any effect.
It is common knowledge that until now Pakistan has enjoyed air superiority over India. Experts believe Rafale will reverse this and give IAF the decisive edge with better sensors and weapons. Each Rafale in the air would require at least two F 16s for a counter challenge. Combined with the upcoming deliveries of S-400 defence delivery systems next year it will give India the much-needed edge. Experts say the Rafale weapons package outguns all other weapons systems in the region and will give India the ability to engage Pakistani jets from a distance without being tracked. Also, the air-to-ground missile which forms part of the Rafale deal will be able to take down virtually any target within Pakistani soil with dead accuracy. It is also surmised that while other nations, including France and Egypt also operate the Rafale, the ones supplied to India are more advanced versions, modified to meet specific requirement. The corruption argument had to do with the pricing of the aircraft but that too has been found fallacious by the apex court.
After years of procrastination by the erstwhile UPA regime and time-consuming litigation, now that the road has been cleared for Rafale induction, there should be no further delay. The apex court has delivered and that must be accepted without any further bickering. Long delays in finalising weapons deals jeopardise the defence preparedness of the country. It is common knowledge that the inordinate delays in weapons purchases during A K Antony’s defence ministership put the clock back on defence modernisation in a big way. While corruption in defence deals must be investigated and punished with a heavy hand, any probe conducted must be swift and any legal examination must be completed and acted upon expeditiously.
While the apex court has been gracious in withdrawing the case against Rahul Gandhi by warning him to be more careful in future, it would be in the fitness of things if such misdemeanours as Rahul indulged are deterred with more severe action. The office of prime minister must be duly respected and aspersions cast on the person who holds that office must be made with full sense of responsibility. That Rahul’s repeated calling of Prime Minister Modi a ‘liar’ did not sway the public against him in the last Lok Sabha elections was a tribute to Modi’s credibility and the lack of credibility of the Congress bigwig. But there is a case to ensure that a strong deterrent is established against a repeat of Rahul’s irresponsibility. Had Rahul been proved right it was another matter but in this case the apex court has cleared the Prime Minister unambiguously. As for Rahul Gandhi and his cronies, they would be doing a great dis-service to the country if they continue to cast doubts over the Rafale deal after the Supreme Court second verdict in the case.
