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Rafale Deal – Analysis of Petitions in the Supreme Court
Shimla-A three judge bench of the Supreme Court unanimously has ruled as admissible the ‘secret’ documents, containing file notes of the Defence Ministry, that had been annexed to the review petition that was filed in the case relating to the purchase of the Rafale aircraft.
The documents were released by the newspaper ‘Hindu’ and state took an objection in the Supreme Court that such documents may not be allowed , however the Hon’ble court rejected the contention of the Government and stated that admissibility of the secret documents, including a claim of privilege under Section 123 of the Evidence Act which was misplaced.
Further, the Hon’ble Chief Justice in his Judgement with respect to publication of the documents in ‘The Hindu’ newspaper, reminded us of the consistent views of the Supreme Court in upholding the freedom of the press in a long line of decisions commencing from Romesh Thapar vs. State of Madras and Brij Bhushan vs. The State of Delhi.
This means that these documents will now be treated like any other document for admission and the court will have the power to look into them. The review petition will now be heard on merits.
What does this petition alleges and what will the Hon’ble Supreme Court now be adjudicating upon;
The procedure for purchasing defence equipment is elaborately laid down in a Defence Procurement Procedure document which has been amended from time to time. However broadly from 2001 till date, the PROCEDURES in place provide the following:
- The Services Head Quarters have to give their requirements for the quality and quantity of the equipment that they need. This is called the Services Qualitative Requirement (SQR)
- Thereafter the matter goes to a larger body called the Categorisation Committee which then decides whether the equipment could purchased/ made domestically or would have to be purchased from abroad or a combination of the two.
- Thereafter an even higher body called the Defence Acquisition Council (DAC) approves the quantity, quality and whether the equipment should be purchased/made domestically or purchased from abroad or a combination of the two. The DAC gives it’s approval called the Acceptance of Necessity.
It is only then that tenders are issued.
Facts
In 2007, after going through the above procedure tenders were issued by the Ministry of Defence for the purchase of 126 fighter aircrafts and it was specified in the Request for Proposal that 18 of these aircrafts would be purchased from abroad in a ‘fly-away’ condition and the remaining 108 would be manufactured in India in the factory of Hindustan Aeronautics Limited (HAL) with a transfer of technology from the foreign vendor. Six companies had applied and after extensive trials by the Air Force, two were shortlisted. After that the financial bids were opened and Dassault Company manufacturing the Rafale aircraft was declared the lowest tenderer and thereafter price negotiations began. These negotiations were at a very advanced stage (95% complete) by 25th march 2015.
Allegation
However, within 15 days of this, the Prime Minister of India and the President of France announced a totally new deal jettisoning the virtually complete 126 aircraft deal and the Prime Minister on behalf of India agreed to purchase only 36 Rafale Aircrafts in a ‘fly-away’ condition without any transfer of technology and make in India. It later turned out that the new deal involved 50% of the value of the contract to be given as “offset contracts” to Indian companies and that the government informally told Dassault and the French government that the bulk of the offset contracts would have to be given to a company of Mr. Anil Ambani which had just been set up. When the final contract was signed after price negotiations, it transpired that the price of the aircraft had been increased to more than double to what was under consideration in the old deal of 126 aircraft.
The Petitioners tried to file an FIR which was not registered by CBI. Ultimately, the petitioners filed the writ petition feeling aggrieved by this non-registration of FIR by the Central Bureau of Investigation (CBI) on a written complaint that was made to the CBI on the 4th of October, 2018 in relation to above-mentioned facts.
The Offences
According to the petition Offences under S. 7 and S. 13 of the Prevention of Corruption Act are made out, these have been elaborated below;
- That high ranking public servants, unilaterally, in violation of all mandatory procedures, without obtaining any SQRs from the IAF, or any decision of the Categorisation Committee or any Acceptance of Necessity from the Defence Acquisition Council, entered into a Memorandum of Understanding with the French regarding the purchase of just 36 Rafale aircraft, all in a ‘fly away’ condition with no Transfer of Technology and no Make in India.
- That they did so after virtually scrapping the earlier procurement process for 126 aircraft, which had followed all due procedures, and was in accordance with the specifications of the Indian Air Force. In the process, all important strategic objectives of the earlier procurement procedure that were on the basis of institutions authorised to do so were eschewed. Consequently, just 36 aircraft were arbitrarily purchased, with no make in India and no Transfer of Technology against the determination of IAF Services Head Quarters, the Categorisation Committee and the Defence Acquisition Council.
- That under the earlier deal, HAL was to be the production agent for Dassault in India and there was no scope for Mr. Ambani to be an offset partner.
- That this act of unilaterally changing the deal by bypassing all laid down procedures, was to ensure that Mr. Ambani could be brought in as an offset partner for the purpose of obtaining for him offsets worth thousands of crores.
- That the French government, as well as the Dassault Aviation company, we’re told that this contract of 36 ‘ready to fly’ aircraft will be only given to Dassault Aviation if they gave the major part of the offset contracts in this deal to Mr. Anil Ambani’s company.
- That Mr. Anil Ambani’s recently incorporated company had no credibility or even eligibility to be an offset partner for Dassault. That, therefore, the thousands of crores to be received by RAL through the offset contract are substantially in the nature of commissions.
- That the price of the aircraft in the new deal has been increased from approximately 700 crores per aircraft to over 1600 crores per aircraft without any legitimate public interest.
- That the facts mentioned above show two things; (a) that Indian public servants asked Dassault to give the major offset contracts in this deal to Anil Ambani’s defence company as a condition for getting the contract; & (b) that the offset contracts worth tens of thousands of crores which have been awarded to Reliance are not and cannot be considered to be legal remuneration for services actually rendered or services which could credibly be rendered by Reliance Aerostructure Limited.
- Therefore, these offset contracts and the payments made/to be made for them are at least in large part in the nature of undue advantage/illegal gratification/commissions to be paid to the Reliance under this deal. It is clear therefore that public servants in India have abused their positions to give an undue advantage to Anil Ambani’s Reliance company as a consideration for the discharge of his function as a public servant to award the contract of purchasing 36 Rafale jets from Dassault in a ‘fly away’ condition.
The Supreme Court can now order a CBI investigation if it finds merit in the claims of the petitioners.
(The post was first published in https://lawumbrella.wordpress.com/ )
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Himachal’s LPG Supply Hit Amid Global Tensions, Likely to Affect Hospitality Industry
Shimla—A quiet but worrying crisis is unfolding in Himachal Pradesh. Across several districts, traders, hoteliers, and restaurant owners are reporting a sharp shortage of commercial LPG cylinders, leaving many establishments with barely a few days’ supply. In a state where tourism drives the local economy, disruptions in cooking fuel supply can quickly escalate into a wider economic concern.
Local reports indicate the shortage is already affecting hospitality businesses. Traders in Shimla have warned that commercial gas stocks may last only a couple of days if fresh deliveries do not arrive soon, according to a report by Amar Ujala. Restaurant owners have echoed similar concerns in Solan and nearby tourist towns, where businesses fear that kitchens may soon struggle to operate without regular supplies, as reported by Dainik Jagran.
At first glance, the shortage appears to be a regional supply bottleneck. In reality, the problem is tied to wider disruptions in global energy markets triggered by the ongoing tensions in West Asia.
Tourism economy vulnerable to fuel disruption
Himachal Pradesh’s tourism sector relies heavily on thousands of small and medium establishments—restaurants, cafés, dhabas, and hotels. Unlike large metropolitan areas where piped natural gas networks are expanding, most commercial kitchens in the hill state still depend almost entirely on LPG cylinders.
This dependence makes the sector particularly vulnerable. Even short supply disruptions can force restaurants to reduce operations, limit menus, or temporarily shut down.
Industry bodies across India have already sounded the alarm. Restaurant operators have warned that continued supply disruptions could lead to closures across the sector. For a tourism-driven state like Himachal Pradesh, such disruptions can ripple through the wider economy.
The global trigger: instability in West Asia
The roots of the crisis lie thousands of kilometers away. The conflict involving the United States and Iran has begun affecting energy markets and shipping routes in the Gulf region.
A key concern is the Strait of Hormuz, one of the world’s most important energy corridors through which a large share of global oil and LPG shipments pass. India’s dependence on this route is substantial. Energy analysts estimate that a majority of India’s LPG imports originate from Gulf countries and move through this narrow maritime passage, as noted in a report by The New Indian Express.
Any instability in the region immediately affects supply chains. Shipping risks rise, insurance premiums increase, and cargo movement slows. These pressures eventually filter down to domestic markets.
Recent reports have also linked rising LPG prices and supply concerns to the Middle East crisis, with consumers expressing worry about the impact of the conflict on cooking gas costs, according to ANI News.
Domestic prioritisation, commercial shortage
When supplies tighten, governments typically prioritise household consumption. Domestic LPG cylinders are considered essential for daily cooking, and maintaining their availability becomes a policy priority.
However, this often leaves commercial users facing reduced allocations. Restaurants and hotels depend almost entirely on commercial cylinders, which are distributed through a separate supply channel.
In response to the emerging supply concerns, the government has reportedly taken steps to ensure adequate domestic availability of LPG, including directing refiners to increase production and manage distribution more closely, as reported by The Economic Times.
While such measures protect households, they can intensify shortages for commercial establishments.
Geography amplifies the problem
Himachal Pradesh faces additional logistical challenges. LPG cylinders used in the state are largely transported from bottling plants located outside its borders. Moving these supplies across mountainous terrain involves long supply chains and limited transport routes.
When upstream deliveries slow down—whether at ports, refineries, or bottling plants—the impact reaches hill towns more quickly and more sharply.
At the same time, alternatives remain limited. Large-scale piped gas networks are rare in the state, and many commercial kitchens lack the electrical capacity required for high-energy cooking equipment.
A warning for energy resilience
The emerging LPG shortage in Himachal Pradesh is more than a temporary supply issue. It highlights a deeper vulnerability in India’s energy system—heavy dependence on imported fuel and fragile supply chains exposed to geopolitical shocks.
For a café owner in Shimla or a hotel operator in Manali, the geopolitics of West Asia may seem distant. Yet the current situation demonstrates how closely global energy flows are tied to local economies.
A disruption in the Persian Gulf can slow tanker shipments, delay fuel supplies at Indian ports, disrupt distribution networks—and ultimately affect the availability of cooking gas in a Himalayan kitchen.
As the situation evolves, the hope in Himachal Pradesh is that supply lines stabilise quickly. But the episode offers a clear lesson: in an interconnected world, even the quiet kitchens of the mountains are not insulated from global conflict.
HW Community
Mandi’s Monsoon Tragedy and the Cost of Ignored Warnings
Mandi|July 11, 2025 — In the lap of the Himalayas, nestled among deodar forests and flowing streams, the district of Mandi has long stood as a symbol of Himachal’s tranquil beauty. But in the monsoon of 2025, that tranquillity was shattered — not by nature alone, but by a deadly combination of climate extremes, administrative apathy, and long-ignored warnings.
This year’s monsoon came not as a nurturing rain, but as a devastating deluge. What began in late June as a forecasted spell of heavy rainfall turned into one of the deadliest natural disasters in recent memory for Himachal Pradesh. And no place bore the brunt quite like Mandi.
The Collapse of Safety
Between June 20 and July 10, the state witnessed 91 rain-related deaths, out of which 17 occurred in Mandi district alone, making it the hardest-hit region according to the State Disaster Management Authority. More than 750 homes were completely destroyed, and another 880 partially damaged, while 10 bridges, multiple roads, and entire stretches of power and water infrastructure were washed away. In just 21 days, the estimated damage statewide crossed ₹750 crore.
The primary culprits? Landslides, cloudbursts, and flash floods — many of which occurred in the dead of night, catching villagers off guard.
In Siyathi village, 67 lives were saved not by sirens or warning systems, but by a dog’s bark. A resident, Narendra, told media:
“It was midnight. We were sleeping. Suddenly the dog began barking non-stop. We ran out. Within minutes, the entire hillside collapsed and our homes were buried.”
The dog, unnamed but hailed as a hero, became a symbol of what worked in a place where institutional response did not.
A Night of Heroes in Deji Village
In nearby Deji, two college students — Ronid Pundir and Sahil Thakur — from Thunag Horticulture College became real-life saviours. When a sudden cloudburst triggered a flash flood in the dead of night, the duo ran from house to house, waking families and helping them escape. Their actions helped evacuate over 150 people.
“We didn’t think twice. We just saw the water rising and started pulling people out,” Ronid told the media.
Despite such moments of courage, the tragedy left deep scars. In many parts of Seraj, Karsog, and Sundernagar subdivisions, residents reported that local authorities failed to respond in time. Emergency shelters were ill-equipped. In remote hamlets, stranded families waited hours, sometimes days, for rescue.

A Failure of Planning, Not Just Weather
Himachal’s vulnerability to extreme weather is well known. Yet critics argue that poor land use planning, unregulated construction near rivers, and unsafe road-cutting practices have greatly magnified the disaster’s impact.
Geologists and environmentalists have warned for years that road expansion projects and large-scale deforestation in hill regions have weakened slope stability. In many places, construction has occurred dangerously close to water channels, despite repeated advisories.
This time, the warnings played out in real-time — with mud, stone, and entire homes tumbling into ravines.
Government Response: Promises and Limitations
Chief Minister Sukhvinder Singh Sukhu visited the worst-affected villages, including Baga, Syanj, and Panglyur, personally distributing relief materials and speaking with the victims.
“No family should feel alone. The state stands with you,” he said during a relief camp visit.
The state government announced ₹7 lakh in compensation per fully destroyed house, and temporary shelters for displaced families. In contrast, the central government’s compensation — capped at ₹1.3 lakh — has drawn criticism from state ministers and the public alike.
Revenue Minister Jagat Singh Negi remarked:
“What we’re getting from the Centre is insufficient. Our people are suffering. We need stronger, faster support.”
A Glimpse into the Future
Perhaps the most chilling aspect of this disaster is that it may be only the beginning. Scientists warn that climate change is accelerating the frequency and intensity of such events in the Himalayas. Increased temperatures are destabilizing glaciers. Erratic rainfall patterns are overwhelming natural drainage systems.
Experts now call for a complete reassessment of infrastructure policy in Himachal — including bans on construction near rivers, better slope-stabilization in road projects, and improved early warning systems for landslides and flash floods.
“What’s happening is not natural anymore,” said a climate scientist from IIT Mandi. “It’s a man-made disaster wrapped in nature’s disguise.”
Beyond Numbers: The Lives Left Behind
In the hills of Mandi, statistics cannot capture the grief. Each day, as clouds gather, a quiet anxiety grips the village once more.
HW Community
War Is Not a Spectacle, Soldiers Are Not Content, and Journalism is Not War-Mongering
Shimla– In times of conflict, journalism must rise to its noblest purpose: truth, accountability, and responsibility. And yet, as India and Pakistan faced off once again across borders—bullets flying, lives lost, families shattered—a section of the Indian media turned tragedy into theatre.
From the moment reports of cross-border attacks surfaced, several primetime news anchors transformed their studios into shrill war rooms. Not to inform, but to inflame. Graphic war music, animated explosions, ticker tapes screaming “BREAKING”—the spectacle began. As soldiers bled on the border, TV screens bled hyperbole.
The most damning criticism did not come from adversaries but from global media observers. The BBC described Indian news channels’ coverage as “jingoistic and unhinged”. Al Jazeera and The Guardian echoed similar sentiments, noting how unverified reports, doctored videos, and belligerent studio debates replaced sober reportage.
Anchors, who had never seen a trench or a frontline, banged desks demanding military action. Unconfirmed reports were aired without attribution. Words like “annihilation,” “revenge,” and “surgical strike 2.0” were thrown around with theatrical bravado. There was no time to pause for facts. There was no room for nuance. There was only TRP.
The absurdity reached its peak when a few channels aired animations of fighter jets with triumphant music. Meanwhile, real families were burying their dead – soldiers and civilians alike.
In this chaos, journalism died a quiet death.
Media as Vultures
The metaphor is tragically apt. These channels, masquerading as patriots, behaved like vultures—circling the battlefield, feeding off the dead for ratings. Their hunger wasn’t for truth, but for viewership. They amplified hatred, dismissed dissent, and turned war into primetime entertainment.
And in doing so, they embarrassed India, not just at home but before the world.
The Cost of Sensationalism
When media loses its spine, democracy loses its mirror. The consequence is not just embarrassment—it’s danger. Misinformation in wartime can escalate conflict, trigger communal unrest, and mislead policymakers. A responsible media can cool tensions. An irresponsible one can fan the flames.
We must ask: Where is the human cost of war—the widows, the orphans, the destroyed homes? Where is the perspective from peace-builders, historians, and diplomats? Journalism is not supposed to echo government talking points—it is supposed to hold power to account, especially in wartime.
What Needs to Change
The Press Council of India, the News Broadcasting & Digital Standards Authority (NBDSA), and civil society must take stronger action against media outlets that violate ethical standards. Viewers too must switch off noise in favor of news. The Indian media must remember that its loyalty is to truth—not to war, not to government, and certainly not to TRP.
War is not a spectacle. Soldiers are not content. And journalism is not war-mongering.
It is time Indian newsrooms return to their core duty: informing citizens with accuracy, dignity, and humanity.




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