This has been interpreted by the BJP and the Government as a ‘clean chit’ by the apex court. But surely the court could have asked for a time-bound inquiry by the CBI or the CAG to answer the following questions:

Did the Prime Minister of India have the authority to decide on a defence deal on his own in April, 2015?

Was the cabinet’s approval obtained after the deal was announced?

While the Modi Government claims the earlier deal was not coming through, did Dassault announce a fortnight before the new deal was announced that the old deal was all but sealed and signed?

The apex court is not only silent on these questions, it makes no mention of the new deal cutting off Hindustan Aeronautics Ltd in favour of a private sector company with no history or experience in aviation or avionics.

While the court has stopped short of declaring that it found no evidence of illegality, irrationality or procedural impropriety, the order is unlikely to silence the clamour for a probe by a Joint Parliamentary Committee.

Meanwhile, the order received mixed reactions with BJP president Amit Shah demanding an apology from the Congress President and the Congress reiterating its charges and demanding a JPC into the deal.

In a tweet, defence analyst Ajai Shukla described the judgment as a ‘flawed’ one.

“Respite for the BJP, three days after its election debacle. Today the Supreme Court — in a thoroughly flawed judgment — dismissed petitions seeking a CBI inquiry into the Rafale deal. Instead, three judges with no tech or military knowledge, cleared deal on all counts”