Rahul Gandhi’s misinterpretation of Supreme Court order invites contempt proceedings

By Gopal K  |  First Published Apr 12, 2019, 12:50 PM IST

In the Rafale case, the Supreme Court had clarified that the reconsideration petition filed on the basis of confidential documents obtained wrongly would be heard. 

New Delhi: A statement issued by Rahul Gandhi following the Supreme Court’s decision on Rafale has now spelt trouble for him. 

Following the statement, BJP leader Meenakshi Lekhi filed a contempt petition against Congress president Rahul Gandhi in the Supreme Court. The court has accepted the contempt petition against Rahul and has assured to hear the case on Monday.

The Supreme Court in its decision said that it would hear the re-appeal petition. Rahul Gandhi had said that the truth of Rafale’s theft has come out and the ‘chowkidaar’ will definitely be punished.

Defence minister Nirmala Sitharaman had called a press conference following the statement and had attacked the congress. Gandhi had said that the court’s decision is not a setback to the government because it had accepted a reconsideration petition. 

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In the Rafale case, the Supreme Court had clarified that the reconsideration petition filed on the basis of confidential documents obtained wrongly would be heard. The court has also said that it would consider the facts of the Rafale deal as presented by the Central government only after initial objections raised are addressed.

The Attorney general had said that no one can publish documents related to national security without the permission of the concerned department under the provisions of the Act. Activist lawyer Prashant Bhushan had told the court that the documents which have been called privileged by the attorney general are already published and in the public scope.

The court said that the provisions of Right to Information Act is that the public is paramount to other things and documents related to intelligence agencies cannot be claimed for any kind of privilege.

The central government said that the petitioner who filed the reconsideration petition could not state that the ‘privileged’ documents were obtained illegally.

It is worth mentioning that the Attorney General K. Venugopal, on behalf of the Center before the bench of Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph, has cited Section 123 of the Act and the provisions of Right to Information Act in support of its claim. 
 

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