[This is, a deeply disturbing development; in all probability, a BJP ploy.
To subvert the scope for challenging the "deal" later, by genuine and
knowledgeable opponents.
Even otherwise, rejection of a deliberately weak plea will, obviously, be
used by the BJP as a seal of validation for the "deal".

Adv. ML Sharma is a highly controversial character, to put it rather
mildly, and the one who had defended the accused in the Nirbhaya gang rape
case.
The Supreme Court Women Lawyers Association filed a petition before the
Supreme Court seeking restriction on his entry in apex court premises for
making ugly and objectionable comments.
In May 2015, Supreme Court of India issued a notice asking why he should
not be debarred from filing and/or canvassing any Public Interest
Litigation.

<<The Supreme Court has agreed to hear a plea next week, seeking a stay on
the Rafale fighter jet deal between India and France.
A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY
Chandrachud considered the submissions of advocate ML Sharma that his plea
be listed for urgent hearing.
In his petition, Mr Sharma has alleged discrepancies in the fighter jet
deal with France and sought a stay on it.>>]

https://www.ndtv.com/india-news/rafale-row-supreme-court-to-hear-next-week-request-to-put-on-hold-jet-deal-reports-news-agency-pti-1911554

Amid Rafale Row, Supreme Court To Hear Request To Put Jet Deal On Hold

The Rafale deal is a defence agreement signed between the governments of
India and France for the purchase of 36 Rafale fighter aircrafts in a
fly-away condition as a part of the upgrading process of Indian Air Force
equipment.

All India | Press Trust of India |

Updated: September 05, 2018 15:06 IST

Amid Rafale Row, Supreme Court To Hear Request To Put Jet Deal On Hold
India and France have signed a deal for France to provide 36 Rafale fighter
jets to India

NEW DELHI: The Supreme Court has agreed to hear a plea next week, seeking a
stay on the Rafale fighter jet deal between India and France.
A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY
Chandrachud considered the submissions of advocate ML Sharma that his plea
be listed for urgent hearing.

In his petition, Mr Sharma has alleged discrepancies in the fighter jet
deal with France and sought a stay on it.

Mr Sharma has claimed in his plea that the inter-government agreement to
buy 36 Rafale fighter jets must be quashed as it was an "outcome of
corruption" and not ratified by Parliament under Article 253 (Parliament
has power to make any law for implementing any inter-government agreement)
of the Constitution.

The petition has also sought an FIR and prosecution of Prime Minister
Narendra Modi, former defence Minister and present Goa Chief Minister
Manohar Parrikar, business tycoon Anil Ambani and French armament firm
Dassault with recovery of the amount.

A similar plea was filed in Supreme Court in March this year seeking an
independent probe into the Rafale deal and disclosure of the cost involved
in the deal before Parliament.

The plea, filed by Congress leader Tehseen S Poonawalla, had sought
issuance of a direction against the Centre as to why the Union Cabinet's
approval was not sought as part of the Defence Procurement Procedure (DPP)
before signing the procurement deal with France on September 23, 2016.

The Rafale deal is a defence agreement signed between the governments of
India and France for the purchase of 36 Rafale fighter aircrafts in a
fly-away condition as a part of the upgrading process of Indian Air Force
equipment.

The Rafale fighter jet is a twin-engine Medium Multi Role Combat Aircraft
(MMRCA) manufactured by French aerospace company Dassault Aviation.

Indian Air Force had advanced a proposal to buy 126 fighter aircraft in
August 2007 and floated a tender. Following this, an invitation was sent to
various aviation companies to participate in the bidding process.

Mr Poonawalla had claimed in his plea that the Ministry of Defence had
withdrawn the 2007 tender for procurement of 126 fighter planes, while the
deal announced for procurement of 36 Rafale fighter aircraft was altogether
a fresh procurement.

His plea said that in 2012, the deal for 126 fighter aircrafts was proposed
by then UPA government, and out of the total of 126 number, 18 Rafale
fighter jets were to be delivered by Dassault Aviation company in a
fly-away condition, while the remaining 108 were to be manufactured in
India at the public sector Hindustan Aeronautics Limited (HAL) under a
transfer of technology agreement.

-- 
Peace Is Doable

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