New Delhi: The Modi government has claimed that unauthorised “photocopying” of classified documents related to the purchase of 36 Rafale fighter jets from France tantamount to theft.
In its affidavit filed Wednesday, the Modi government said these documents, originally attached in a plea seeking a review of the December 2018 Rafale verdict, are sensitive to national security as they relate to the war capacity of combat aircraft.
The plea was filed by activist lawyer Prashant Bhushan and former Bharatiya Janata Party (BJP) leaders Arun Shourie and Yashwant Sinha.
The government affidavit said the petitioners are using documents accessed without authorisation with “the intention to present a selective and incomplete picture of internal secret deliberations on a matter relating to National Security and Defence”.
Invoking sections of the Indian Penal Code (IPC), the government claimed privilege saying the documents don’t fall within the purview of public scrutiny.
It added that the documents also fall outside the purview of RTI and required permission from the government to even be submitted in the apex court.
“Without consent, permission or acquiescence of the Central Government, those who have conspired in making the photocopy of these sensitive documents…thereby committing theft by unauthorized photocopying of such documents have adversely affected the Sovereignty, Security and Friendly Relations with the foreign countries,” reads the affidavit.
On 5 March, the Modi government had told the apex court that the documents used by The Hindu for its investigative reports were stolen and that it was planning to prosecute its chairman and reporter of the articles, N. Ram, under provisions of the Official Secrets Act.
However, two days later, Attorney General K.K. Venugopal clarified the government’s stand and said he meant that the documents used were “photocopies of the original”.
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‘Misleading the court’
In its affidavit, the government said it has initiated an internal inquiry to identify where the “leakage (of the documents) took place” to ensure that the “sanctity of decision making process in governance is maintained”.
The documents present an incomplete picture and fail to bring out how the issues “were addressed and resolved and necessary approvals of the competent authorities taken”.
The selective and incomplete presentation of the facts and records by the petitioners are intended “to mislead this Hon’ble Court into deriving wrong conclusions which is very damaging to National Security and public interest,” said the affidavit.
The Centre filed its affidavit after a batch of pleas sought a review of the apex court judgment in the Rafale case, which said that the deal didn’t need scrutiny.
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