Rafale case: SC wraps up hearing on Centre claim of privilege over leaked Rafale documents

The Supreme Court on Thursday commenced the hearing on pleas seeking review of its judgement in Rafale fighter jets deal case. 

Yesterday, the Centre had told the apex court that documents filed by the petitioners seeking review of its Rafale deal verdict are "sensitive to national security" and those who conspired in photocopying the papers have committed theft and put the security in jeopardy by leaking them.

The Ministry of Defence said an internal enquiry commenced on February 28 and is in progress over the leakage of sensitive documents and it is of "utmost concern" to find out where the leakage took place.

The affidavit filed by the ministry said documents attached by the petitioners -- former Union ministers Yashwant Sinha and Arun Shourie as also activist advocate Prashant Bhushan -- relate to war capacity of combat aircraft and have been widely circulated, available to the country's enemy and adversaries.

The affidavit assumes significance as Attorney General K K Venugopal on the March 6 hearing before a bench headed by Chief Justice Ranjan Gogoi had alleged that the review petition was based on the documents which were stolen from the ministry.

Two days later, Venugopal claimed the Rafale documents were not stolen from the Defence Ministry and he had meant in his submission before the top court that the petitioners in their application had used "photocopies of the original" papers, deemed secret by the government.

The review pleas were filed against the December 14 verdict dismissing all the pleas against the deal procured by India from France.

The Indian government scrapped a $500 million deal with Rafael for 321 Spike ATGM systems and 8,356 missiles in favour of the MPATGM system in December 2017.