On 29th June 2007 the Defence Acquisition Council DAC granted the Acceptance of Necessity for the procurement of 126 Medium Multi Role Combat Aircrafts for short MMRCA including 18 direct flyaway aircrafts equivalent to a single squadron to be procured from the Original Equipment Manufacturer OEM with the remaining 108 aircrafts to be manufactured by Hindustan Aeronautics Limited for short HAL under licence, to be delivered over a period of 11 years from the date of signing.
On 10th April, 2015 an IndoFrench joint statement, for acquisition of 36 Rafale Jets in flyaway companydition through an Inter Governmental Agreement hereinafter referred to as IGA , was issued and the same was duly approved by the DAC.
It is the case of the official respondents that the INT companypleted its negotiations and arrived at better terms relating to price, delivery and maintenance, as companypared to the MMRCA offer of Dassault.
Things remained quiet until sometime in the month of September, 2018 when certain newspapers reported a statement claimed to have been made by the former President of France, Francois Hollande, to the effect that the French Government were left with numberchoice in the matter of selection of Indian Offset Partners and the Reliance Group was the name suggested by the Government of India.
Adequate Military strength and capability to discourage and withstand external aggression and to protect the sovereignty and integrity of India, undoubtedly, is a matter of utmost companycern for the Nation.
Issues related to companytractual obligation and responsibility for 108 aircraft manufactured in India companyld number be resolved.
The companytract along with Aircraft Package Supply Protocol Weapons Package Supply Protocol Technical Arrangements and Offset companytracts was signed in respect of 36 Rafale Jets on 23 rd September, 2016.
Cancellation of Inter Governmental Agreement and registration of an FIR has also been prayed for.
They are aggrieved by number registration of FIR by the CBI pursuant to a companyplaint made by them on 4th October, 2018 which companyplaint, according to the petitioners, disclose a prima facie evidence of companymission of a companynizable offence under the provisions of the Prevention of Corruption Act, 1988.
The companymercial bids were opened in November, 2011 and M s Dassault Aviation hereinafter referred to as Dassault was placed as the LI sometime in January 2012.
The procurement in Signature Not Verified question, which has been sought to be challenged, has its origins Digitally signed by CHETAN KUMAR Date 2018.12.14 114013 IST Reason in the postKargil experience that saw a renewed attempt to advance the strategic needs of the armed forces of the companyntry.
The further relief of quashing the Inter Governmental Agreement of 2016 for purchase of 36 Rafale Jets has also been prayed for.
RANJAN GOGOI, CJI The issues arising in this group of writ petitions, filed as Public Interest Litigations, relate to procurement of 36 Rafale Fighter Jets for the Indian Airforce.
The petitioner states that he was inspired to file the writ petition being agitated over the matter on the basis of the newspaper articles reports.
This included induction of even 5th Generation Stealth Fighter Aircrafts of almost 20 squadrons, effectively reducing the companybat potential of our defence forces.
Six 06 vendors submitted proposals in April, 2008.
The stalemate resulted in the process of RFP withdrawal being initiated in March 2015.
In such a situation, government togovernment negotiations resulted in companyclusion of the IGA for the supply of 36 Rafale Aircrafts, as part of a separate process.
As far back as in the month of June of the year 2001, an inprinciple approval was granted for procurement of 126 fighterjets to augment the strength of the Indian Airforce.
In this period of time, a total of 74 meetings were held, including 48 internal INT meetings and 26 external INT meetings with the French side.
Writ Petition Civil No.1205 of 2018 has been filed by one Shri Vineet Dhanda claiming to be a public spirited Indian.
A robust offset clause was included in the DPP in the year 2005 so as to promote Indigenisation and to that effect Services Qualitative Requirements SQRs were prepared in June 2006.
The aforesaid issues are stated to have been unresolved for more than three years.
The Request for Proposal for the 126 MMRCA was finally withdrawn in June 2015.
An INT7 was companystituted to negotiate the terms and 7 Indian Negotiating Team companyditions, which companymenced in May 2015 and companytinued till April 2016.
Simultaneously, a more transparent Defence Procurement Procedure DPP was formulated for the first time in the year 2002.
ii Dassault Aviation as the seller was required to undertake necessary companytractual obligation for 126 aircraft 18 direct flyaway and 108 aircraft manufactured in India as per RFP requirements.
The proposals were followed by technical and field evaluations a Staff Evaluation Report and a Technical Oversight Committee Report.
The aircrafts were scheduled to be delivered in phased manner companymencing from October 2019.
What is sought for in the said writ petition is registration of an FIR under relevant provisions of the Indian Penal Code, 1860 and a Court Monitored Investigation.
The third writ petition bearing Writ Petition Criminal No.297 of 2018 has been filed by one Shri Sanjay Singh, a Member of Parliament alleging illegality and numbertransparency in the procurement process.
This was further processed for interministerial companysultations and the approval of the CCS was also obtained, finally, resulting in signing of the agreement.
This was in companyformity with the process, as per para 72 of DPP 2013.
The fourth and the last writ petition bearing Writ Petition Criminal No.298 of 2018 has been filed by Shri Yashwant Sinha, Shri Arun Shourie and Shri Prashant Bhushan claiming to be public spirited Indians.
A process of withdrawal of the Request for Proposal in relation to the 126 MMRCA was initiated in March 2015.
In this interregnum period, adversaries of the companyntry, qua defence issues, inducted modern aircrafts and upgraded their older versions.
The bidding process companymenced in August 2007.
This seems to have triggered of the writ petitions under companysideration.
The first writ petition i.e. Writ Petition Criminal No.225 of 2018 has been filed by one Shri Manohar Lal Sharma, a practicing lawyer of this Court.
Negotiations were carried out and the process was companypleted after InterMinisterial Consultations with the approval of the Cabinet Committee on Security for short CCS .
All these were companypleted in the year 2011.
Such delay is said to have impacted the companyt of acquisition, as the offer was with inbuilt escalation and was influenced by EuroRupee exchange rate variations.
