Rafale jets deal: Plea in Supreme Court seeks probe against PM Modi, middleman and cancellation of pact

Public interest litigation has been filed in the Supreme Court seeking a probe by the CBI into Rafale Fighter Jet Deal alleging one million euros i.e. about eight thousand crores rupees was bribed to Sushen Mohan Gupta by Dassault Aviation, citing the report of France’s CAG (AFA). 

The petition filed by Advocate ML Sharma has levelled charges of Cheating, Criminal Breach of Trust, Criminal Conspiracy and Corruption against the Prime Minister of India and alleged middleman Sushen Mohan Gupta, in the Rafale Fighter Jet Deal. 

The petitioner submits, “that the cause of action arose on 5.04.2021 knowing true facts that AFA (France CAG) investigation report declared that Dassault has given 1 million euro to Middlemen of India as a bribe. Sushen secured secret defence papers for jet fighter gave to Dassault in securing Rafale contract 23.09.2021 @ 216 million Euro. PM Modi, instead of selected Eurofighter jet @ 138 million euro each adopted Rafale deal. Due to Indian political pressure prosecution upon AFA’s report has been suspended/ stayed. It’s a serious offence under secret Act-1923, injuries financial and defence to the country. It’s violated Art 21 and 13 of the constitution of India. AFA’s Investigation report dt.4.5.2021/ Magistrate order it. 5.4.2021 of France is also required to be called by this Hon’ble Court for that an application has been filed herein.” 

He further alleges, “that respondent no.1/ Prime Minister was holding the office of the Prime Minister in the Government of India and have initiated/ executed impugned agreement dt. 23rd September 2016 for the purchase of 36 Rafale jet fighters and cancelling of notification dt 9th May 2006 for criteria of RUR by way of inserting guideline for IOP (India offset partner) without issuing of any notification. Said agreement attract procurement guideline issued by the Ministry of finance. The agreement was signed by the then defence Minister Mr. Parikar, not by the R-1.”

“That R-2/Sushen Mohan Gupta & 3/Defsys Solutions Pvt Ltd. are the middlemen who have secured secret Airforce defence documents to Dassault for Rafale deal and given 1 million bribes as per AFA’s France investigation report dt. 4.4.2021 and magistrate order for non-prosecution of AFA report dt 4.4.2021 as reported in MEDIAPART of France. That R-4 is a joint venture with Dassault aviation Ltd France and represent Dassault or vice versa in India,” avers the plea. 

The petitioner has prayed for the following directions to be passed by the Court;

1) for registration of F.I.R. u/s 409, 420 & 120-B of IPC r.w. PC Act 1988 r.w. S.3 of the Official Secret Act,1923, to securing secret papers from defence ministry and to secure Rafale deal and One million Euro given as bribes for Rafale deal 23.09.2016 jointly and severally by the respondent no.1 to 4, to initiate an investigation within the supervision of this Hon’ble Court and to file their report before this Hon’ble court for further appropriate directions for the prosecution of the respondents no 1 to 4 & others couple with seizure/recovery of the public money with interest, jointly and severally, from them in accordance of law in the interest of justice.

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2) Be also pleased to issue appropriate writ direction for canceling/quashing impugned agreement Dt. 23rd September 2016 for purchase of 36 Rafale jet fighters from Dassault France, being hit by fraud, corruption and offence under the official secret Act 2913 and to recover entire advanced money with a penalty and to blacklist the Dassault aviation to supply in future defence del in accordance of law in the interest of justice to the citizen of India. 

Read the Plea here;