Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India: Art 32 – Public interest litigation – Issuerelating to procurement of 36 Rafale Fighter Jets for the IndiaAirforce by Defence Ministry from France – Petitions seekingregistration of FIR, court monitored investigation into corruptionallegations in Rafale deal and quashing of Inter GovernmentalAgreement of 2016 for purchase of Rafale Jets – Held: Interferenceon the sensitive issue of purchase of defence aircrafts by the IndianGovernment as regards the decision making process, difference inpricing, and the choice of Indian Offset Partner-IOP not called for– In such matters, perception of individuals cannot be the basis ofa fishing and roving enquiry by this Court – Court cannot sit as anappellate authority to scrutinize each aspect of the process ofacquisition – Decision making process cannot be doubted – Minordeviations even if have occurred, would not result in either settingaside the contract or requiring a detailed scrutiny – Court wouldnot carry out a comparison of the pricing details – Said materialhas to be kept in a confidential domain – In Defence ProcurementProcedure 2013, the role of the Government is not envisaged, thus,mere press interviews or suggestions cannot form the basis forjudicial review, especially when there is a categorical denial byboth the sides – Also, no material to show that this is a case ofcommercial favouritism to any party by the Government.Judicial review: Governmental decisions relating to defenceprocurement of aircrafts – Permissibility of judicial review – Held:Extent of permissible judicial review in matters of contracts,procurement, etc. varies with the subject matter of the contract andthere cannot be any uniform standard – Contracts of defenceprocurement should be subject to a different degree and depth ofjudicial review – Scrutiny of the challenges will have to be made keeping in mind the confines of national security, the subject of theprocurement being crucial to the nation’s sovereignty. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2018 INSC 1216 |
Petitioner | Manohar Lal Sharma |
Respondent | Narendra Damodardas Modi & Ors |
SCR | [2018] 14 S.C.R. 840 |
Judgement Date | 2018-12-14 |
Case Number | 225 |
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