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Manohar Lal Sharma Petitioner(S) v. Narendra Damodardas Modi (S).
Factual and Procedural Background
The Supreme Court was seized of multiple writ petitions filed under Article 32 of the Constitution concerning the Government of India’s decision to procure 36 Rafale jet fighters. One of the petitioners sought and obtained leave to withdraw his writ petition, which the Court accordingly dismissed as withdrawn. Two other petitions—W.P.(Crl.) No. 225/2018 and W.P.(C) No. 1205/2018—remained pending. The Court granted the petitioner-in-person permission to argue W.P.(Crl.) No. 225/2018 and heard brief submissions from all sides before issuing the present interim order.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court declined to issue formal notice on the remaining writ petitions at this stage, noting that the factual averments in the pleadings were “inadequate and deficient.” Nonetheless, to satisfy itself about the legality of the procurement process, the Court directed the Government of India to furnish, in three separate sealed covers, complete information on the decision-making steps that culminated in the award of the contract for the 36 Rafale aircraft.
The Court expressly limited the scope of the required disclosure, clarifying that the sealed material should exclude (a) pricing details and (b) technical assessments of the aircraft’s suitability for the Indian Air Force. The information is to be submitted to the Secretary-General of the Court—not the general Registry—on or before 29 October 2018, after which the matters will be re-listed on 31 October 2018.
Holding and Implications
1. The writ petition in which withdrawal was sought is DISMISSED AS WITHDRAWN.
2. In W.P.(Crl.) No. 225/2018 and W.P.(C) No. 1205/2018, the Court DIRECTS the Government of India to submit, in sealed covers, details of the decision-making process involved in the Rafale procurement, excluding price and technical suitability, by 29 October 2018.
Implications: The immediate effect is that the Government must place confidential decision-making records before the Court for its perusal, while the substantive adjudication of the petitions is deferred until the next listing on 31 October 2018. No broader precedent is set at this interim stage.
1. Learned counsel for the petitioner, on instructions, seeks permission to withdraw this writ petition.
2. Permission granted.
3. The writ petition is dismissed as withdrawn.
W.P.(Crl.) No. 225/2018 and W.P.(C) No. 1205/2018
4. Permission to argue in person is granted in Writ Petition (Crl.) No. 225 of 2018.
5. We have heard the petitioner-in-person and the learned counsels for the parties. We are of the view that the following order would be appropriate at this stage.
6. We make it clear that we are not issuing any notice at this stage on either of the writ petitions filed under Article 32 of the Constitution. However, we would like to be apprised by the Government of India of the details of the steps in the decision making process leading to the award of the order for the defence equipment in question i.e. Rafale Jet-Fighters (36 in number).
7. We also make it clear that while requiring the Government of India to act in the above terms we have not taken into account any of the averments made in the writ petitions which appear to be inadequate and deficient. Our above order is only for the purpose of satisfying ourselves in the matter.
8. We also make it clear that the steps in the decision making process that we would like to be apprised of would not cover the issue of pricing or the question of technical suitability of the equipment for purposes of the requirement of the Indian Air Force.
9. The requisite information sought for will be placed before the Court in three separate sealed covers on or before 29 October, 2018 which shall be filed with the learned Secretary General of this Court and not in the Registry.
10. List the matters on 31 October, 2018.
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