Dr Mohammad Manzoor Alam
The Supreme Court verdict
on the Rafale deal that supports government’s decision to clinch it and
discourages any questioning of it has turned out to be based on a wrong and
misleading account by the government. Naturally, a verdict premised on false
information has to be recalled immediately to prevent damage to the integrity
and dignity of the highest court.
The Supreme Court judgment said, inter alia, that the CAG report on
the deal had been examined by the Public Accounts Committee and a “redacted
portion” of the report was placed before parliament and was in public domain.
This submission of the government was a brazen lie that amounted to perjury and
a breach of privilege of the court and parliament. The fact is that neither the
CAG had examined it, nor given it to PAC, nor was it placed before parliament.
It amounted to contempt of court and rendered the verdict of a Supreme Court
bench led by Chief Justice Gogoi baseless.
In a further Smart Alecky act the government followed up its false submission
before the court with a curative petition that claimed that somehow the learned
judges had failed to grasp the English language of the government’s submission
(or something to the effect).
In short, the government first told a lie to the highest court and misled it to
get a manipulated judgment and then tried using what can be termed a “tedious
argument of hideous intent” to whitewash its grievous misdeed. Both the Supreme
Court and parliament have been sought to be cheated.
Today, there is no resort left for the apex court than to recall the judgment,
penalise the government and its officials and condemn the brazen cheating. A
notice of contempt of parliament through misrepresentation and falsehood by
government should also be brought by the opposition.
Finally, the government would be well-advised not to continue with its post-truth and stop demolishing the country’s institutions. Now that the government’s demolition squad has come to the apex court and parliament it is for these two most sacred institutions to sit up and take a stern note. Only then the air will be clear.
