Rafale Case: Sinha & Shourie Seek Perjury Action Against Officials

They are seeking perjury action against central officials for allegedly giving “false or misleading” information.

Former Union Ministers Arun Shourie and Yashwant Sinha.

(Photo: The Quint)

Former Union Ministers Yashwant Sinha and Arun Shourie as also activist lawyer Prashant Bhushan moved the Supreme Court on Monday, 18 February, seeking initiation of perjury proceedings against central government officials for allegedly giving "false or misleading" information in a sealed cover in the high-profile Rafale case.

The apex court on 14 December last year dismissed a clutch of PILs, including the one filed by Sinha, Shourie and Bhushan, saying that there was "no occasion to doubt" the decision-making process of the Centre in the procurement of 36 Rafale jets from France.

The trio, which has filed the plea seeking review of the verdict, filed a fresh application under section 340 of the CrPC (Code of Criminal Procedure (CrPC) seeking perjury prosecution against the officials responsible for providing "false" and "misleading" information to the apex court in a sealed cover.

‘Suppression of Information Constitutes Perjury’

The apex court had sought information from the Centre about the pricing details and the decision making process undertaken by the government before sealing the Rs 56,000 crore fighter jets deal.

The prosecution of the officials has been sought under section 193 and 195 of the IPC which deal with the offences of giving false evidence, contempt of lawful authority of public servants and giving false documents in evidence.

"The information that has come into the public domain after the judgement of court was delivered prima facie shows that government 'misled' the court on various counts and the basis of the judgement of the court is more than one untruth submitted by the government and suppression of pertinent information.

“The untruths and suppression of information in the notes’ constitute perjury and also contempt as the notes’ were submitted pursuant to the orders of the court,” the plea said.

The plea, which has been filed in the disposed of PIL, said that the note on pricing was not shared with the petitioners.

“From the notes on the ‘decision making process’ and ‘offsets’, and Judgement of the court based on notes’ submitted by the government, more than one untruth and suppressions are apparent,” it said.

The plea also gave the details of "misleading facts", as per their opinion, to the court.

The suppression of information by the government deprived the court of complete facts and it led to dismissal of the PILs, the plea said, adding that the errant officials who misled the court be identified and suitably dealt with.