[Major issues:
1. Non-disclosure of price, despite categorical public commitment by the
Defence Minister.
2. Brushing aside of the mandatory procedure.
3. Abrupt reduction in number to be procured - from 126 to 36, without any
due diligence.
4. Replacement of the public sector HAL, with decades of experience in the
specific field, by a private sector enterprise with no whatever experience
and registered only days before announcement of the radically revised deal.
5. Non-resort to re-bidding, the deal having been drastically reworked.

The trio, it looks, is pretty much determined to keep nailing the lies
dished out by the Modi regime.

《In their second press conference on the Rafale aircraft deal, the trio --
Arun Shourie, Yashwant Sinha and Prashant Bhushan -- trained their guns at
Prime Minister Narendra Modi, accusing him of being personally culpable for
what they called "the largest defence scam the country has seen".
Speaking to the media, former union minister Arun Shourie said, "The entire
deal has been struck by one man, the PM. And the entire web of lies has
been spun to protect that one man."
The trio accused the prime minister of unilaterally proceeding with a deal
that bypassed long laid down procedures of defence procurement in an
illegal manner.
They cited Union Finance Minister Arun Jaitley's blog from August 28 that
said the Rafale deal was announced on April 10, 2015, and the approval of
the Defence Acquisition Council came through on May 13, 2015.
Shourie, Sinha and Bhushan questioned how the DAC approval was taken after
the deal was announced when it is considered a "condition precedent."》
(Excerpted from sl. no. (I. below.)]

I/III.
2nd Press Conference on #RafaleScam on 11-Sep-2018 at Press Club

<https://www.youtube.com/watch?v=W4Dve2q0IA8&feature=youtu.be>

Prashant Bhushan
Published on Sep 11, 2018
My, Arun Shourie and Yashwant Sinha Press Conference on 11-Sep-2018 at the
Press Club of India to expose the lies of Jaitley, Ambani & AF Vice Chief
on the Rafale deal, which is without question, India's biggest Defence scam.

Compromised our security & looted exchequer

<https://www.newsclick.in/pm-modis-personal-culpability-rafale-scam>

II/III.
https://www.indiatoday.in/mail-today/story/pm-modi-culpable-for-rafale-scam-say-shourie-bhushan-and-sinha-1338246-2018-09-12

PM Modi to blame for Rafale scam, say Shourie, Bhushan and Yashwant Sinha

Poulomi Saha
New Delhi

September 12, 2018
UPDATED: September 12, 2018 11:22 IST

HIGHLIGHTS
Trio accuse PM of unilaterally proceeding with deal
Call it largest defence scam country has ever seen
Allege government is making IAF lie to cover up

Former union ministers Yashwant Sinha (R) and Arun Shourie (C) with lawyer
Prashant Bhushan during the press conference. (Photo: PTI)

Former Union Ministers Arun Shourie and Yashwant Sinha, and Swaraj Abhiyan
leader Prashant Bhushan, held their second press conference on the Rafale
aircraft deal yesterday. The trio trained their guns on Prime Minister
Narendra Modi, accusing him of being personally culpable for what they
called "the largest defence scam the country has seen".

Speaking to the media, Arun Shourie said, "The entire deal has been struck
by one man, the PM. And the entire web of lies has been spun to protect
that one man."

The trio accused the prime minister of unilaterally proceeding with a deal
that bypassed long laid down procedures of defence procurement in an
illegal manner.

   YouTube ‎@YouTube

Prashant Bhushan
✔
@pbhushan1
 Watch the full follow up press Conference by Arun Shourie, Yashwant Sinha
& myself on the scandalous Rafale deal to expose the lies being pedalled by
Jaitley, Ambani & the Vice Chief of Air Force https://youtu.be/W4Dve2q0IA8

9:29 PM - Sep 11, 2018
1,383
778 people are talking about this
Twitter Ads info and privacy

They cited Union Finance Minister Arun Jaitley's blog from August 28 that
said the Rafale deal was announced on April 10, 2015, and the approval of
the Defence Acquisition Council came through on May 13, 2015.

Shourie, Sinha and Bhushan questioned how the DAC approval was taken after
the deal was announced when it is considered a "condition precedent."

The three also accused Prime Minister Modi of usurping the authority of
Services Head Quarters to decide the number of aircraft required, and the
authority of the Categorisation Committee to determine what would be the
category under which the procurement would proceed.

READ | Indian Air Force dismisses Rahul Gandhi's allegations of scam in
Rafale deal

"Where did India specific add-ons come from suddenly for Rs 1,000 crore?
There's a system to even have it, and it goes from IAF to Categorisation
Committee to DAC. What kind of fools do you think Indians are?" asked
Prashant Bhushan.

In fact, Yashwant Sinha added that the India-specific enhancements were not
new, and had been incorporated into the deal the UPA was drawing up with
France.

The trio accused the government of using the Indian Air Force to cover up
for itself. "Now you are making [the] IAF Vice-Chief lie?! He is lying! IAF
never said buy 36 aircraft. You are playing with IAF's morale," said
Prashant Bhushan, who is a Supreme Court advocate.

READ | IAF officials pressurised to praise Rafale deal: Prashant Bhushan

In response to the argument given by Union Minister MJ Akbar in a leading
publication recently that there was no "Quattrochhi" or "middleman" in the
Rafale deal as opposed to Bofors, Yashwant Sinha said, "There is no need
for an uncle because there is a nephew in this deal".

WATCH| Is Rafale BJP's Bofors?

[Video]

III.
https://thewire.in/political-economy/changing-rafale-deal-violated-rules-arun-shourie-yashwant-sinha

Changing Rafale Deal at Last Minute Violated Established Rules: Shourie,
Sinha and Bhushan
The trio has alleged that the manner in which contract was downsized and
changed at the last minute violated the authority of the India air force
and its categorisation committees. They also questioned the role of
Reliance as an offset partner.

Changing Rafale Deal at Last Minute Violated Established Rules: Shourie,
Sinha and Bhushan
Former Union ministers Arun Shourie and Yashwant Sinha with senior advocate
Prashant Bhushan in New Delhi on September 11, 2018. Credit: PTI/Subhav
Shukla

The Wire Staff

21 HOURS AGO

New Delhi: The controversy surrounding the Rafale deal intensified on
Tuesday with advocate-activist Prashant Bhushan and former BJP leaders
Yashwant Sinha and Arun Shourie raising a fresh set of allegations on the
timing and procedure of the aircraft deal.

In particular, the trio has alleged that the manner in which contract was
downsized and changed at the last minute violated the authority of the
India air force and its categorisation committees, which are the only
bodies that allegedly have the power to determine the number of aircraft
required and the category under which the procurement would proceed.

Over the last few months, the 36-fighter-jet deal has been a source of
political controversy, with opposition political leaders and civil society
activists having raised questions over the contract’s secrecy, its
twists-and-turns and the last-minute inclusion of Anil Ambani’s Reliance
Defence as an offset partner.

The Congress, for instance has held a series of press conferences to
highlight what it claims are irregularities and cronyism in the deal
finalised by the BJP-led NDA government.

Bhushan, Sinha and Shourie had last month held a press conference of their
own in which they pointed out multiple instance in which regulations were
allegedly bypassed, leading to what they claimed a “great loss to the
exchequer” and the jeopardisation of India’s national security.

Tuesday’s press conference, however, focused on the manner in which the
deal was pushed through and the role of Reliance as an offset partner.

“Mr Modi usurped the authority of Services Head Quarters to decide the
number of aircraft required and the authority of the Categorisation
Committee to determine what would be the category under which the
procurement would proceed,” a statement released at the press conference
said.

All defence capital acquisitions, Bhushan said, are based on “service
qualitative requirements” (SQRs) a set of asks that are prepared through a
consultative process involving “many agencies and experts”. The Rafale deal
is no exception.

Once the SQRs are prepared, a categorisation committee decides under what
method the acquisition should proceed – whether it should bought from an
Indian or foreign vendor, or whether it should made in India.

“The Prime Minister, the Defence Minister, or the NSA… have no jurisdiction
or authority or discretion to decide the categorisation to be adopted.
Therefore, when the Prime Minister, in a span of just two days, decided to
junk the ‘Buy and thereafter Make in India by HAL under Transfer of
Technology’ route, he did so without authority. His unilateral decision to
COMMIT the IAF to the least preferred category, was without authority,” the
trio noted in a statement.

Based on this, Shourie, Bhushan and Sinha used their press conference to
ask a series of questions: “Given that the IAF chief was clueless about the
new deal, it is clear that the proposal to initiate a deal under which just
36 planes would be procured did not originate in IAF Services Head
Quarters. So where did the proposal originate? Does there exist an SQR from
the IAF stating that they need 36 planes? If it exists, what is the date of
the said SQR? Was it issued prior to or post the announcement committing
IAF to 36 planes and presenting a fait accompli?”


The trio also added that while the defence procurement policy allows for a
special fast-track procedure, even those requirements and processes were
not fulfilled before the 36-jet-deal was announced. Credit: PTI/Subhav
Shukla

The Modi government’s response to this line of questioning, in the past,
has been to indicate that the 36 Rafale jet deal was based on an
intergovernmental agreement (IGA) due to the urgent need to fill the IAF’s
fleet requirements.

This is why the defence acquisition council’s (DAC) permission was taken
only a month after the deal was announced.

Bhushan, Sinha and Shourie however believe that even with an IGA, the
Centre “does not have the authority to choose the quantities to be
procured, or categorisation, or any ‘enchancements’ that are not already a
part of the acceptance of necessity”.

“By specifying the number of aircraft to be bought and by specifying the
categorisation to be adopted—i.e. Buy (Global) with no Make in India — he
foreclosed the discretion of several institutions and presented them with
an illegal fait accompli,” the statement noted.

The trio also added that while the defence procurement policy allows for a
special fast-track procedure, even those requirements and processes were
not fulfilled before the 36-jet-deal was announced.

“No proposal was prepared as required under the [fast-track] policy to
overturn the original decision and instead go in for 36 “ready to fly”
aircraft. No emergent meeting of the Defence Acquisition Council was held
at which the decision was taken to overturn the proposal that had been
finalised after the most thorough examination and the widest consultation,”
they added.

Reliance and offsets

The former BJP leaders also pointed to the recent defences mounted by Anil
Ambani and finance minister Arun Jaitley. As The Wire has extensively
reported and analysed, both Ambani and Jaitley have sought to make two main
points: the first that the Indian government not only has no role in
selecting an offset partner but are also officially ignorant of the fact
that Dassault Aviation and Reliance Defence have tied up to execute the
Rafale contract’s offset obligations.

The second point that both men have sought to make is that whatever
Dassault and Reliance do end up doing, none of their work will involve
manufacturing even a “single screw” on the Rafale jets that the Indian air
force will end up using.

Quoting India’s defence offset guidelines, the trio have noted that the
Modi government cannot claim that offset ignorance is a “falsehood that
just cannot be maintained”.

“For the Government and Mr. Ambani to now claim that it is not — and under
the regulations is not required to be — aware of the details of the Indian
Offset Partners is a falsehood that just cannot be maintained in the face
of mandatory requirements of the Guidelines,” their statement claimed.

“The Government has resorted to this patent lie solely to deflect attention
from its culpability in the scandalous manner in which Reliance Defence was
chosen as an Offset Partner and the HAL was kicked out as a result of the
decision of the Prime Minister himself.”
-- 
Peace Is Doable

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