Yashwant Sinha and Others Approaches Supreme Court Against Government in Rafale Deal Case



Yashwant Sinha and Others Approaches Supreme Court Against Government in Rafale Deal Case

Former finance minister Yashwant Sinha, Arun Shourie and activist lawyer Prashant Bhushan on Monday approached the Supreme Court seeking initiation of perjury against the Centre for filing misleading notes in a sealed cover which were allegedly containing fabricated information regarding the Rafale case.
The move taken by Mr. Sinha was in pursuance of December 14 ruling of the Supreme Court wherein it did not found evidence of wrongdoing in the government’s decision-making process, and rejected several petitions seeking an investigation into the issue pertaining to the purchase of 36 French made Rafale fighter jets.
The Court said that after considering all the aspects and having heard the matter in detail, it find no reason to intervention in the sensitive issue of purchase of 36 defence aircrafts by the Indian government.
The petitioners this time moved a plea seeking review of December 14 verdict, filed a fresh application seeking perjury prosecution against the officials who were responsible for providing "misleading" information to the Top Court in a sealed cover regarding details and the decision making process undertaken by the government to finalise the Rafael deal.
Perjury as per the Indian Law
When someone intentionally provides false evidence at any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment which may extend to seven years, and shall also be liable to fine.
The application seeks prosecution of the officials under section 193 and 195 of the Indian Penal Code which provides for the offences of giving false evidence, contempt of lawful authority of public servants and providing false documents in evidence.
It was also alleged that the information regarding the deal has come into the public domain only after the verdict of the Court which prima facie proves that government was in effort to 'misled' the Court over the issue.
The Supreme Court's judgement, relied upon a non-existent Comptroller and Auditor General (CAG) report as the judgement said that the CAG report was finalised and examined before the Public Accounts Committee (PAC).

Perjury
Rafael deal
Yashwant Sinha

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