Rafale verdict: Govt moves SC seeking correction over CAG, PAC reference

A law officer said that the application has been filed to convey to the court that there has been some misinterpretation on the issue of the documents placed in a sealed cover relating to the CAG and PAC.

In the judgement on Friday, the apex court had noted that the pricing details have been shared with CAG, and the report of the CAG has been examined by the PAC.

The issue of CAG and PAC was mentioned in para 25 of the judgement of the top court which had held that there were no irregularities in the procurement of 36 Rafale jets from France.

"The error in these two sentences, as explained hereinafter, appears to have occurred, perhaps, on account of misinterpretation of a couple of sentences in a note handed over to this court in a sealed cover. The observations in the judgement have also resulted in a controversy in the public domain, and would warrant correction by this court in the interest of justice."

The Centre's application followed the Congress allegation that the government has not produced the facts correctly before the Supreme Court and has "lied" in the court. The party, quoting from the judgement said, the government told the court that the Public Accounts Committee (PAC) has examined the CAG report on Rafale whereas no such report exists.

In paragraph 25 of the judgement, the court has observed that "the pricing details have, however, been shared with the CAG, and the report of the CAG has been examined by the PAC. Only a redacted portion of the report was placed before Parliament and is in public domain".

The government said in its application that these statements appear to have been based on the note submitted by the Union of India, along with the pricing details, in two sealed covers.

These notes in sealed covers, the government said, were submitted in compliance with the court's October 31 order, in which it had said it would like to be apprised about the details about the pricing/ cost, particularly the advantage thereof, if any, which again would be submitted to the court in a sealed cover.

In that note, which was in the form of bullet points, the government said the second point carried the sentence "the government has already shared the pricing details with the CAG. The report of the CAG is examined by the PAC. Only a redacted version of the report is placed before Parliament and in public domain".

The government said it may be noted that what has already been done is described by the words in the past tense, that is, the government "has already shared" the price details with the CAG. "This is in the past tense and is factually correct. The second part of the sentence, in regard to the PAC, is to the effect that 'the report of the CAG is examined by the PAC'.

"However, in the judgement, the reference to the word 'is' has been replaced with the words 'has been', and the sentence in the judgement (with regard to PAC) reads 'the report of the CAG has been examined by the Public Accounts Committee'."

The government maintained that its submission to the effect that the report to the  CAG "is" examined by the PAC, was a description of the procedure which is followed in the normal course in regard to reports of the CAG.

"The very fact that the present tense 'is' used would mean that the reference is to the procedure which will be followed as and when the CAG report is ready."

Similarly, the government said the statement that only a redacted version of the report 'is' placed before Parliament is referred to in the judgement as "only redacted portion of the report was placed before Parliament and is in public domain".

"That unfortunately, an element of misinterpretation of the statement made in the note/ bullet points handed over on behalf of the Union of India in a sealed cover, appears to have crept in. This has also resulted in a controversy being raised in the public domain."

In this background, the government has urged the court for corrections in para 25 of the judgement, so that "any doubts and/or any misunderstanding is not allowed to creep into the judgement".

It pleaded that the words "report on the CAG is examined by the PAC. Only a redacted version is placed before parliament and public domain" may be substituted in place of "and the report of the CAG has been examined by the PAC. Only a redacted portion of the report has been placed before Parliament and is in public domain".

In a bid to keep the pot boiling, PAC Chairman Mallikarjun Kharge on Saturday said he will press for summoning the Attorney General and the Comptroller and Auditor General (CAG) to ask them when was the public auditor's report tabled and when did the PAC examine it.