JUDGMENT :

Ranjan Gogoi, CJI.

1. The issues arising in this group of writ petitions, filed as Public Interest Litigations, relate to procurement of 36 Rafale Fighter Jets for the Indian Airforce. The procurement in question, which has been sought to be challenged, has its origins in the post-Kargil experience that saw a renewed attempt to advance the strategic needs of the armed forces of the country.

2. As far back as in the month of June of the year 2001, an in principle approval was granted for procurement of 126 fighter-jets to augment the strength of the Indian Airforce. Simultaneously, a more transparent Defence Procurement Procedure (“DPP”) was formulated for the first time in the year 2002. A robust ‘offset clause’ was included in the DPP in the year 2005 so as to promote Indigenisation and to that effect Services Qualitative Requirements (“SQRs”) were prepared in June 2006. On 29th June 2007 the Defence Acquisition Council (“DAC”) granted the “Acceptance of Necessity” for the procurement of 126 Medium Multi Role Combat Aircrafts (for short “MMRCA”) including 18 direct flyaway aircrafts (equivalent to a single squadron) to be procured from the Original Equipment Manufacturer (