Privilege Notice Submitted Against Narendra Modi

The decision of the Supreme Court on the Rafale petitions on December 14 has not gone away quietly. Due to the controversy over the government’s submissions regarding the Comptroller and Auditor General of India (CAG) and the Public Accounts Committee (PAC), the matter has refused to die down. Congress Member of Parliament (MP) from Kerala, KC Venugopal, on Monday moved a notice of breach of privilege against Prime Minister Narendra Modi. Venugopal has alleged that the PM deliberately placed wrong facts before the Supreme Court regarding the pricing details of the Rafale fighter jet aircraft.

In his note, as accessed on Live Law, the Congress leader has cited that the decision of the Supreme Court relied on the fact that the report of the CAG (Comptroller and Auditor General) had been submitted to and examined by the Public Accounts Committee (PAC). He further states: “If the CAG report is in fact available. the same ought to have been presented before the Parlinment and it is the Parliament which should have referred the some to the PAC.”

Also Read | Why SC Order on Rafale and Government Application to Correct It Are Highly Flawed

Stating the specific breach that Modi had committed, he states: “Since the PM and MoD had told the Supreme Court that CAG report is available and the same was shored with PAC without placing the same before the Parliament. The same amounts to breach of privilege.”

Another breach of privilege that was alleged was: “[T]he Prime Minster and Minster or Defence has committed breach when they told the Supreme Court that only a redacted version of the CAG report was placed before the Parliament for two reasons. One they have already taken a decision that they will place only a redacted version or the report even before the report has been finalised.”

On Friday, the Supreme Court dismissed petitions seeking a probe into the Rafale deal. The petitioners had alleged that the old deal was scrapped to the detriment of the public sector Hindustan Aeronautics Limited (HAL). They also alleged that the new deal struck with Dassault Aviation through an inter-governmental agreement sought to favour Reliance Aerostructure Limited. Other aspects such as changing the rules with retrospective effect were also challenged.

Also Read | Ex Post Facto Corrections: Rafale Goes Back to Court

The day after the Supreme Court’s Order was delivered, Congress MP and leader of opposition in the Lok Sabha, Mallikarjun Kharge alleged that the PAC had never seen the CAG report. Kharge also heads the PAC. On this basis, the Congress has demanded that a Joint Parliamentary Committee be set up to probe the deal.

Subsequently, on Saturday, the government filed an application to correct the error in the Order. According to the government’s affidavit, the Supreme Court misinterpreted the contents of the sealed cover that the government had submitted. The Supreme Court had directed the government to submit the pricing details of the Rafale deal in a sealed cover. The government had intended to state that the CAG will submit its report to the PAC and that only a redacted version of the report will be placed before Parliament and in the public domain. However, the Supreme Court understood these statements to mean that this procedure has already been completed.