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Deputy Chief of the Air Transport Staff Shirish Baban Deo said the controversy was the result of an ignorance of the compensation and procurement policy. [88] Air Marshal Raghunath Nambiar also supported the agreement and stated that those claiming pricing were not aware of the details that Indian Air Force officers had access to because of their participation in price negotiations. He stated that the price at the IGA was lower than what had been proposed in 2008 and that there was no favouritism in the distribution of offset contracts. [89] Air Marshal Shyam Bihari Prasad Sinha, a former member of the cost negotiation committee of the former deal, said he had failed because of irreconcilable differences between HAL and Dassault regarding technology transfer and production ownership. Air Chief Marshal Dhanoa said there were several precedents for acquiring two aircraft squadrons through an intergovernmental agreement when the air force ran out of aircraft. Nambiar added that the difference would be offset by a separate procedure for the acquisition of 114 aircraft. [90] Shourie, Sinha and Bhushan said the government had forced the officers to lie about the agreement. [91] On 14 December 2018, the Tribunal rejected all petitions calling for an investigation into allegations of irregularities in the agreement and put an end to these three aspects, namely decision-making, pricing and the selection of the Indian compensatory partner. [118] [119] [120] [121] In its judgment, the court stated that it had « carefully studied the material » and was satisfied with the decision-making process and found no evidence of misconduct. [119] [120] After reviewing the details provided to her by the government, she expressed satisfaction with the price aspect.

[119] [1] It stated that it had reluctantly asked the government to provide the details of the pricing in a sealed envelope after an initial reservation, in conjunction with the government`s call for a confidentiality clause under the intergovernmental agreement. [119] « We have closely examined the prices and price comparison of the base aircraft, as well as the escalating costs, in accordance with the original RFP (upa) and as part of the intergovernmental agreement. We also made the rationale for the calculation, period wise, » the court said, while finding that it did not find it necessary to reject the government`s assertion that « there is a commercial advantage in the purchase of 36 Rafale aircraft. » [119] It added that there was no error in the government`s assertion that it had better conditions for the maintenance and package of weapons. [119] « It is certainly not for this court to compare price details in areas such as this. We don`t say more, because the material must be kept in a confidential area, » the court said. [119] [1] In response to the relentless attacks from Congress, Arun Jaitley said that Congress had indicated several different awards of 520 to 700 kronor. He questioned whether Congress was aware of the escalation formula in Dassault`s 2007 offer, which would have significantly increased the price until 2015. He said Congress` price comparison was misleading because the price of basic aircraft could not be compared to the price of « full-loaded » armed aircraft. He said that the basic aircraft was 9% cheaper and that the overall agreement within the IGA was 20% cheaper when you take into account currency fluctuations and escalating costs.

He stated that the Indian government had not participated in the selection of private companies as offset partners and that it was up to the seller to make that decision. He said the agreement was signed after obtaining the necessary approvals after negotiations that lasted more than a year. [85] [86] Mr. J. Akbar, the Secretary of State for Foreign Affairs, wrote in an article published by the Times of India that a $45,000 bribe in a $58,000 contract was not plausible. He stated that Dassault`s offer had been accepted at 538 euros, as well as a pricing formula that would have increased the price to 737

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