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! RNI Regn. No. MPENG/2004/13703, Regd. No. L-2/BPLON/41/2006-2008 0-1.)03,(! "#$#"$% &"'()) *#*+#,-). % )#+ !>(= 9!(( 1!!1711 ( =(= 7 A= 9=!979!1! ! (?7 >'=179 ! ! 7 ! '! ! '1 '1 ! (! ! !7 >!9!B <!>!! %".:! 00*, 44 @! 1)* ! % @ D %@ $&E ;:$ !"# $ %& ' R # $%& " ! " prayer made for registration of %# #%! 3 FIR and further investigation !"# $% & ! ! O ! n a major relief to the ruling but then once we had examined ! !% $# ' Chandrachud. regime and a big setback to the three aspects on merits we ) #)4 Justice Nariman, writing I ! %353335 the Opposition, the Supreme did not consider it appropriate () * #"!(& n a 3:2 majority verdict, the for himself and Justice Court on Thursday once again to issue any directions, as ) #%) ISupreme Court on Thursday Chandrachud, regretted his gave a clean chit to the Modi prayed for by the petitioners !+ )$ ' O # referred to a larger 7-judge “inability to agree with” the Government in the purchase of which automatically covered # *), 1 0 # # bench the pleas seeking review view of the CJI and said the 36 fully-loaded Rafale fighter the direction for registration of % O # 4 of its historic 2018 judgment scope of the review pleas was jets from French company FIR, prayed for,” said the ! O *), ## )# allowing women and girls of all limited to the entry of men- Dassault Aviation, rejecting Bench. )) % # $1 * ) 0 * *),# ages to enter Kerala’s struating women into the hill- the plea for registration of an The review applications 01)* * #% ! # Sabarimala temple, set to open top shrine in Kerala and direct- FIR and a further probe into cannot be entertained unless % # 4 *), on November 17, along with ed the State Government to ! #) )) %23 1 ) #%)# $0 * the matter. there is an “error apparent on #43 )05 536 other contentious issues of ensure strict compliance of the While unanimously dis- the face of the record”, the apex ) # ' ## ) alleged discrimination against 2018 verdict. missing the pleas seeking court said. !! # #+ * 74 0 *# ) 9 * + Muslim and Parsi women. The majority judgment review of the December 14, The Bench said it cannot "' )) ) &1 )51) #9) ) 1 0 * As the majority verdict, also said that a decision by a 2018, verdict in which it had lose sight of the fact that it is % 23 #) %:,#* penned by Chief Justice Ranjan larger bench “would put at rest said that there was no occasion dealing with a contract for air- Gogoi, kept the review pleas recurring issues” with regard to to doubt the decision-making craft, which was pending pending for a 7-judge bench the fundamental right to pro- process in the procurement of before different Governments involve the SC to do the same. and did not stay its September fess and practice any religion. 36 Rafale fighter jets, the SC for quite some time and the While dealing with the 28, 2018, majority judgment, “In the context of the pre- also refused to re-examine the necessity for those aircraft has allegation of irregularities on girls and women of all age sent strength of judges of the aspects of pricing, decision never been in dispute. the pricing of the jets, the top groups will be entitled to Supreme Court, it may not be making process and selection “We were, however, cau- court said that it satisfied itself undertake the pilgrimage to the inappropriate if matters involv- of the offset partner in the deal. tious to note that this was in the with the material made avail- shrine. ing seminal issues, including “This court did not consider it context of the writ petition filed able and it is not the function The CJI, who wrote on the interpretation of the pro- appropriate to embark on a under Article 32 of the of this court to determine the behalf of himself and Justices visions of the Constitution roving and fishing enquiry,” a Constitution of India, prices and act on mere “suspi- AM Khanwilkar and Indu touching upon the right to Bench headed by Chief Justice the jurisdiction invoked,” said cion” of certain persons. Malhotra, said the debate about profess, practise and propagate Ranjan Gogoi and comprising the Bench. “The internal mechanism '()* +,'-.',,(00*12 )',0-" the constitutional validity of its own religion, are heard by Justices SK Kaul and KM The petition seeking re- of such pricing would take 03" ,*4)-04 ,0,'-0- ,'+-3"5 religious practices like bar on larger bench of commensurate Joseph said. examination of the December care of the situation. On the he Supreme Court verdict +,)'+0*12 )',01,0)(,02"(, ' entry of women and girls into number of judges,” it said. The apex court was not sat- 14, 2018, verdict was filed by perusal of documents we had Ton the Rafale deal comes as 03)40-"4- ".-3,0- -,+)7.. a place of worship was not lim- It set out seven questions of isfied with the submission that former Union Ministers found that one cannot compare a big boost to expedite defence )24" -'-'()'7,' ited to the Sabarimala case. law to be examined by the larg- it decided the disputed ques- Yashwant Sinha, Arun apples and oranges. Thus, the procurements, including They said such restrictions er bench. tions of facts in the 59,000- Shourie and activist lawyer pricing of the basic aircraft had Government-to-Government 5-3,", '2,'-+),0 are there with regard to entry They included — interplay crore deal “prematurely” with- Prashant Bhushan. Other to be compared which was contracts. India desperately 7., '7,-3,4 "7,00"5 of Muslim women into between freedom of religion out investigation. However, review petitions were filed by competitively marginally needs modern weapon sys- )'7 ,0)'+-3,5.,,-)..-8, mosques and “dargah” and under Articles 25 and 26 of the Justice Joseph, in a separate lawyer Vineet Dhandha and lower. tems to maintain operational '"-3, (,7(,+),'-3,."'+ Parsi women, married to non- Constitution; need to delineate judgment, said, “Petitioners Aam Aadmi Party lawmaker “As to what should be preparedness and the verdict +,0--)"'4, )"("5(,5,'7, Parsi men, being barred from the expression “constitutional can approach the CBI for reg- Sanjay Singh. loaded on the aircraft or not now allows the decision mak- 7"'- 7-0 the holy fire place of an Agyari. morality”; the extent to which istering an FIR provided the The Bench said it appears and what further pricing ers to go ahead without look- It was time the apex court courts can enquire into partic- CBI gets nod from the that the petitioners construed should be added has to be left ing over their shoulders. evolves a judicial policy to do ular religious practices; mean- Government as per the themselves as an appellate to the best judgment of the However, the Government “substantial and complete jus- ing of sections of Hindus under Prevention of Corruption Law.” authority to determine each competent authorities,” the is not yet off the hook as the tice”, the added. Article 25 and whether “essen- “No doubt that there was a aspect of the contract and Bench said. Comptroller and Auditor The majority view, delin- tial religious practices” of General (CAG) is likely to strength of 14 ageing sub- As for the awaited CAG eated by the CJI in its nine-page denomination or a section table its report on offsets in the marines besides modern war- report, Congress leader Rahul verdict, was not agreed to by thereof are protected under ))#) < < ))1 # 5 59,000-crore deal in the ships to patrol the strategical- Gandhi has time and again Justices RF Nariman and DY Article 26. 1 O * # ) #)*# # *) Winter Session of Parliament, ly important Indian Ocean. alleged that Reliance was given ) ) * ) ;! ' O beginning next Monday. Similarly, the IAF imme- a major chunk of offsets and # )) ) * %* ) ;) With the apex court now diately requires efforts to charged the NDA regime with ' # # #;() ;!< ) ) giving a clean chit to the Rafale address the issue of the deplet- cronyism. # ,#* "< & % % #;() deal, the officials will surely ing strength of its fighter jet As per the contract, the off- ' O %) # now feel more confident of dis- squadron. At present, the sets are 50 per cent of the over- # 0 * * @ charging their duties and help squadron strength is 31 while all deal and the manufacturer the Services to acquire modern the desired level is 42. Even if has to tie up with Indian ven- weapons to face the likelihood the Government gives clear- tures to plough back the offset of a two-front war with ance for acquisition now, the amount into the country. R Pakistan and China. process of increasing the fleet The CAG report covers Facing the twin challenge, will take another decade given audit of nearly 30 offset con- India urgently needs sub- the long gestation period of tracts of Army, Navy and IAF marines to shore up its present defence contracts. for 2012-13 and 2017-18. Dassault Aviation for the IAF huge door into investigation of &" " at a cost of 59,000 crore as one the RAFALE scam. An inves- ollowing the Supreme of the major issues in the 2019 tigation must now begin in full FCourt’s clean chit to the Lok Sabha polls, combining it earnest. A JPC must also be set Rafale deal, the BJP on with its “Chowkidar Chor Hai” up to probe this scam.” Thursday lost no time in slogan. The pitch, however, launching an all-out attack on was rejected by the voters as the the Congress and its ex-chief Congress could win just 52 Lok Rahul Gandhi demanding an Sabha seats. he Supreme Court on apology from him. An unde- The grand old party may TThursday closed the con- terred Rahul hit back latching raise the issue during the New Delhi: As the Supreme tempt plea against Congress on to a separate judgment by Parliament session in conso- Court dismissed the plea to re- leader Rahul Gandhi for Justice KM Joseph, who said the nance with other like-minded examine the Rafale deal, the wrongly attributing to the apex “petitioners can approach the parties.

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