The Supreme Court on Friday said it cannot seek clause-by-clause compliances of Defence Procurement Procedures (DPP) in the Rafale fighter jet deal and opined that the processes have been “broadly” followed. It also expressed satisfaction with the Government’s decision-making process which led to the deal between India and France for procurement of 36 Rafale jets, saying that there was “no occasion to really doubt” it.
Top court, while junking the PILs challenging the Rs 58,000 crore Rafale deal, examined the three “broad areas of concern” — decision-making process, difference in pricing and the choice of Indian Offset Partner by Dassault Aviation.
Scrutinising the decision-making process, a bench headed by Chief Justice Ranjan Gogoi said though it had no occasion to really doubt the process, even if there were minor deviations then they would not lead to annulment of the deal. On the DPP, the court cannot seek “clause-by-clause compliances” of the Defence Procurement Procedures. “Broadly, the processes have been followed”.
The Bench, also comprising Justices SK Kaul and KM Joseph, said, “We have studied the material carefully. We have also had the benefit of interacting with senior Air Force Officers who answered court queries in respect of different aspects, including that of the acquisition process and pricing.
“We are satisfied that there is no occasion to really doubt the process, and even if minor deviations have occurred, that would not result in either setting aside the contract or requiring a detailed scrutiny by the court.” It added, “We have been informed that joint exercises have taken place, and that there is a financial advantage to our nation. It cannot be lost sight of, that these are contracts of defence procurement which should be subject to a different degree and depth of judicial review.”