CENTRAL BUREAU OF INVESTIGATION Through its DIRECTOR & ANR. ….Respondents (I.A. No. 69008/2019 – CLARIFICATION/DIRECTION, I.A. No. 69006/2019 – INTERVENTION APPLICATION, I.A. No. 71047/2019 – PRODUCTION OF RECORDS and I.A. No. 69009/2019 – STAY APPLICATION) WITH MA 58/2019 in W.P.(Crl.) No. 225/2018 (PILW) (I.A. No. 182576/2018 – CORRECTION OF MISTAKES IN THE JUDGMENT) Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2019.11.14 R.P.(Crl.) No. 122/2019 in W.P.(Crl.) No. 297/2018 (PILW) 12:35:57 IST Reason: 1 MA 403/2019 in W.P.(Crl.) No. 298/2018 (PILW) (I.A. No. 29248/2019 – INITIATING CRIMINAL PROCEEDINGS U/S 340 OF CRPC) R.P.(C) No. 719/2019 in W.P.(C) No. 1205/2018 (PILW) CONMT.PET.(Crl.) No. 3/2019 in R.P.(Crl.) No. 46/2019 in W.P.(Crl.) No. 298/2018 (PILW) (I.A. No. 63168/2019 – EXEMPTION FROM FILING O.T., I.A. No.71678/2019 – EXEMPTION FROM FILING O.T. and I.A. No. 66253/2019 – EXEMPTION FROM FILING O.T.) JUDGMENT SANJAY KISHAN KAUL, J. (I.A. No. 63168/2019 – EXEMPTION FROM FILING O.T., I.A. No.71678/2019 – EXEMPTION FROM FILING O.T. and I.A. No. 66253/2019 – EXEMPTION FROM FILING O.T.) 1. Allowed subject to just exception. MA 58/2019 in W.P.(Crl.) No. 225/2018 (PILW) (I.A. No. 182576/2018 – CORRECTION OF MISTAKES IN THE JUDGMENT) 2 2. The Union of India has filed the present application seeking correction of what they claim to be an error, in two sentences in para 25 of the judgment delivered by this Court on 14.12.2018. This error is stated to be on account of a misinterpretation of some sentences in a note handed over to this Court in a sealed cover. 3. The Court had asked vide order dated 31.10.2018 to be apprised of the details/cost as also any advantage, which may have accrued on that account, in the procurement of the 36 Rafale fighter jets. The confidential note in the relevant portions stated as under: “The Government has already shared the pricing details with the CAG. The report of the CAG is examined by the PAC. Only a redacted version of the report is placed before the Parliament and in public domain.” 4. It is the submission of the learned Attorney General that the first sentence referred to the sharing of the price details with the CAG. But the second sentence qua the PAC referred to the process and not what had already transpired. However, in the judgment this portion had been understood as if it was already so done. 3 5. On hearing learned counsel for the parties, we are of the view that the confusion arose on account of two portions of the paragraph referring to both what had been and what was proposed to be done. Regardless, what we noted was to complete the sequence of facts and was not the rationale for our conclusion. 6. We are, thus, inclined to accept the prayer and the sentence in para 25 to the following effect “The pricing details have, however, been shared with the Comptroller and Auditor General (hereinafter referred to as “CAG”), and the report of the CAG has been examined by the Public Accounts Committee (hereafter referred to as “PAC”). Only a redacted portion of the report was placed before the Parliament and is in public domain” should be replaced by what we have set out hereinafter: “The Government has already shared the pricing details with the CAG. The report of the CAG is examined by the PAC in the usual course of business. Only a redacted versi