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Wednesday, August 29, 2018

009 France must come out openly and transparently, about Indo-French Rafael Purchase Deal of 36 Aircraft


In view of the forthcoming 2019 Parliament General Elections in India, the Agreement for Purchase of 36 Rafael Fighter Aircraft by India from France, is causing tumultuous commotion and turmoil in the Politico-Economic Environment of India. The latest in the Flux is

A News Report of 8 hours back

Click here to see: https://timesofindia.indiatimes.com/india/nda-got-rafale-jets-20-cheaper-than-upa-jaitley/articleshow/65590818.cms. We shall now examine some of the Quotes of the above Article, and also analyse quotes attributed to some Top Indian Leaders.

Quote/NewsViews of ybrao-a-donkey, which are not intended to be imposed on others
Aircraft are coming fully loaded and the deal is between government to government without involving anyone in between. Though the Contract may be between the French Government and the Indian Government, the French Supplier is a Private Company. French Govt. is not the Manufacturer. Indian Buyer is not a Private Company. It is not that French Government is purchasing the Aircraft from the French Seller and reselling it to Indian Government. In the Negotiations made by UPA Govt. earlier, the Public Sector Company Hindusthan Aeronautics Ltd. (HAL) a Public Sector Company was expected to maintain and service the Aircraft. Replacement of the Govt. of India Company HAL with Private Sector Company floated by Anil Ambani makes the Deal "Private Sector" at both ends.

In this Capitalist World, it will be simplistic and naive to believe that French Politicians are taking active part in the Promotion of Sale of Rafale Aircraft, only with Patriotic Zeal, of benefiting their country, and creating Employment for their Youth. French Aircraft Makers may be doing some favors to the French Politicians, for promoting the Sale of their Aircraft to India and other Foreign Countries. And the costs of such favors the French Suppliers may be loading in the Prices quoted to Foreign Buyers. These details may become a part of French Politics, and at appropriate time when roles get reversed, when today's French Opposition Parties become French Ruling Paries, they may reveal, the Indoor Management that took place. Or some French Media Organisation may blurt out.

It is also possible out of love for their own country, French Politicians and French Media may never reveal scams which may take place. In case of Bofors Scam relating to purchase of Guns by India from Sweden, it was the Swedish Radio which revealed it in 1987, while the Congress Government in India, wanted it to be hidden. Similarly AugustWestland Helicopter Scam relating to purchase of Italian Helicopters by India from Italy, has to light during the Proceedings of an Italian Court.

In the present case also, French Government, French Media should help by announcing to the World, about what has happened.
Mr. Rahul Gandhi himself has given seven different prices in different speeches. Mr. Rahul Gandhi is an outsider to the Government. If the Government wants to hide the Price, what Mr. Rahul Gandhi can do, except surmising? Obviously, the Information with him, may be from a Secondary Source or from some hear-say.
Let us first come to the pricing. My question therefore is, if you are fully aware -- Mr Anthony fully read the file and abandoned the contract -- he would tell his party that the L1 offer of 2007 had a basic 2007 price plus escalation plus currency variation. In 2015 or 16, this would have been 9 per cent costlier than what the basic aircraft price of 2016 negotiated was… Loaded to unloaded, you compare the price again. The 2016 price is 20 per cent cheaper than the 2007 offer. So, we got it cheaper For overcoming risks of Currency Variations, Forward Exchange Coverages can be obtained from Public Sector Banks like State Bank of India. About Price Escalation clause which was present during Mr. Anthony's time, and which does not exist during Nirmala Sitaraman's time, Mr. Arun Jaitley can reveal the exact Price Escalation Clauses in both the Contracts. Else, it will be difficult to believe that 2016 price is 20% cheaper than the 2007 Price.

A comparison of Mr.A.K. Anthony the then Defence Minister, and Ms. Nirmala Seetharaman, the present Defence Minister

At that time it appeared as though Mr. Anthony was acquiescing about what Messrs. Sonia Gandhi and Manmohan Singh were doing. Retrospectively, in 2018, it appears that Mr. Anthony was a better Defence Minister than Mrs. Seetha Raman. It will be preferable and safer for her, in her own Interest, to scrutinise and study all the terms and conditions, read even the Small Print, at all the Stages of the Purchase Operations. She may be signing Documents and Contracts. Hence, any laxity or lack of awareness and skills in any respect, can result in her arrest when a New Govt. of a different Party comes to Power after 2019. If Mr. Narendra Modi wins, it will be okay. Else, her fortunes may get reversed. Then, she will have to go through Hell for five years, till Mr. Narendra Modi again returns to power. Of course, there will be Eminent Senior Lawyers like Mr. Arun Jaitley to defend her. The key questions here are "Caution vs. Speed", and "National Needs vs. Clean Governance". Once, as far as I can remember, about the Coal Scam, Mr. Manmohan Singh raised a question about "Penalising a person for Honest Erroneous Decisions" (or similar words). At that time nobody gave much value to that question. One probable reply for that: "Fire will burn the hands of a person" whether he touches it innocently or nocently.

Then, there will be two more issues. 1. Vicarious Liability of a Superior for actions of his Subordinates. 2. Question of Ministers and Prime Ministers signing files blindly, with just cursory glances into them, while orally inquiring from the file-bringing-Official, about "What is all this gOla (Telugu word gOla=Noise. In Telangana State, this is called 'lolli'.) about? Is everything as per Law and Rules?". The Official may nod his Head affirmatively, while ismailing within.
What was negotiated from 2015 to 2016 and finally executed in 2016, with the escalations and the currency variations, the basic aircraft price turns out to be 9 per cent cheaper. Is the Congress party aware of this? How can Congress be aware it, unless the Prime Minister, Defence Minister, Finance Minister tell? The whole problem is, somehow, they do not want to tell. The best thing in this type of situations will be to place the 2016 Contract and the 2017 Offer before the Parliament for Parliament Scrutiny. What for are Parliaments as Supreme Bodies in Democracies, if they cannot discuss what their Executive Organs do? Executive Organs like Cabinets, President, Vice President are only Agents/Employees of the Parliament, to carry out the Will of the Parliament. They are not Superior(s) to Parliament to keep for themselves, a right to withhold Information.

Purchase Agreements of Defence Items may not fall in the Category of Defence Agreements which require 100% Secrecy, because they do not involve Military Strategies in case of Wars. Purchase Agreements are Commercial Transactions.
And the simple case is they have made it as if it is a kindergarten or primary school debate. Whether it is Primary School/Kindergarten Debate, or PhD Debate, truth should come out. Let the People of India also participate in the Debate, and let Skill Development take place.
I am asking these questions as his misadventure is impairing national interest and I hope Rahul Gandhi and the Congress party would respond immediately There is no Mutual Trust between the Ruling Party and the Opposition Parties. In such situations, a Probe by a Joint Parliamentary Committee also will not lead to revelation of truth.

Two solutions: 1. Mr. Rahul Gandhi or his Party can file a Writ in Supreme Court.

2. "Right of Good Governance" can be made a Fundamental Right available to the Governments. For providing this Fundamental Right, Indian Constitution can be amended. Once it is done, Governments can also use the 'Weapon' of filing Writs. Though Government can seek Opinion of Supreme Court, if I am correct, under Article 143, there Supreme Court only expresses its Opinion. On the other hand, if Governments can file Writs, Orders of Supreme Court can be treated as Binding and Enforceable Decrees.
Congress party's false campaign launched on Rafale aircraft deal based on peddled untruth has been casting a cloud on the Inter-Governmental agreement & seriously compromising national security, A Judicial Enquiry by a Sitting Judge of Supreme Court, will clear all the Clouds. Once allegations made by Mr. Rahul Gandhi are cleared through an Independent Judicial Enquiry, the BJP Government will shine like Koh i Noor Diamond.
Congress compromised national security. It was guilty on three counts - delaying the deal by over a decade comprising national security, speaking of falsehood on pricing and procedure, and further delaying the defence procurement by raising these issues. Had the Congress Government done it without delay, the BJP might have accused Congress of Undue haste, negligence. And if some fraud took place at any level in the Hierarchial Ladder of the Armed Forces or the Defence Ministry, then also National Security would have got compromised.

Mother-in-law vs. Daughter-in-Law Roles
In Telugu language there is a proverb:"atta gArU, mI kongu toligindi annA tappE, tolaga lEdu annA tappE". English gist:A mother-in-law asked her Daughter-in-law whether her saree covering her breasts got disturbed? Now, the Daughter-in-law cannot say 'yes'. Then the MIL will say, you are finding fault with me. Suppose the DIL says 'No' (your saree did not get disturbed), then also MIL will be angry. She will say "When my saree got disturbed why didn't you alert me?". Anyway, Political Parties call one another bitches and beat one another. If both the Parties are devoted to National Interest, this will not happen.


Incomplete. Shall try to complete shortly.

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