1. A few key quotes of today's Rafale verdict where the review petitions were found to be without merit and dismissed. Points 10 onwards are critical.
2. “ We are, thus, of the view that the review petitions are without any merit and are accordingly dismissed, once again, re-emphasising that our original decision was based within the contours of Article 32 of the Constitution of India.”
3. On plea that Centre used false documents:
''One of the aspects is the same as has been dealt with by our order passed today on the application for correction and, thus, does not call for any further discussion.”
4. “ No doubt that there was a prayer made for registration of F.I.R. and further investigation but then once we had examined the three aspects on merits we did not consider it appropriate to issue any directions.''
5. ''It is not the duty of the court to determine price of Rafale deal on the basis of mere suspicion of petitioners - Apples cannot be compared with oranges''
6. ''It is is not the function of this Court to determine the prices nor for that matter can such aspects be dealt with on mere suspicion of persons who decide to approach the Court. The internal mechanism of such pricing would take care of the situation.''
7. ''On the perusal of documents we had found that one cannot compare apples and oranges. Thus, the pricing of the basic aircraft had to be compared which was competitively marginally lower.''
8. ''As to what should be loaded on the aircraft or not and what further pricing should be added has to be left to the best judgment of the competent authorities”
9. “.. the petitioners sought to contend that there was contradictory material. We, however, found that there were undoubtedly opinions expressed in the course of the decision making process, which may be different from the decision taken”
10. “ It does appear that the endeavour of the petitioners is to construe themselves as an appellate authority to determine each aspect of the contract and call upon the Court to do the same. We do not believe this to be the jurisdiction to be exercised.''
11. ''All aspects were considered by the competent authority and the different views expressed considered and dealt with. It would well nigh become impossible for different opinions to be set out in the record ... (more)
12."...if each opinion was to be construed as to be complied with before the contract was entered into. It would defeat the very purpose of debate in the decision making process.”
13. “We decline to, once again, embark on an elaborate exercise of analyzing each clause, perusing what may be the different opinions, then taking a call whether a final decision should or should not have been taken in such technical matters.”
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