- (1.) We gave our conclusions in our earlier Order dated 27th August 1991 (reported in 1991 (3) SCC 756) reserving the reasons to be given later. Accordingly, we render our reasons in the present judgment.
(2.) We feel that a prefatory note, though not the detailed facts of the case, is necessary for disposal of these appeals and writ petition. The facts culled out from various documents placed before this court are as follows: The Ministry of Defence, Government of India approved in August, 1980 a proposal forwarded by Army Headquarters (HQ) recommending, inter alia, the introduction of 155 mm calibre medium gun both towed and self-propelled to meet its defence operational requirements. The choice for obtaining the said gun system/guns was short listed in December, 1982 to (1) M/ s. Sofma of France, (2) M/s. A.B. Bofors of Sweden (briefly called 'Bofors), (3) M/s. International Military Services of U.K. and (4) M/s. Voest Alpine of Austria. In November, 1985, there was a further shortlisting of Sofma and Bofors. Finally, the order was placed by the Government of India with Bofors on 24th March, 1986 for the supply of 410 numbers (400 plus 10 free) of 155 mm Field Howitzer 77-B gun system/ spare guns vide contract No. 6(9)84/ D (GS-IV) for a total amount of SEK 8410.66 million (Swedish Kroners) (equivalent to about Rs. 1437.72 crores or Rs. 14377.2 million). The related contract for supplying the gun package (towed) and other related agreements/ contracts were concluded and signed on 24th March 1986 with M/s. A. B. Bofors.
(3.) On 17 April, 1987, some leading newspapers of our country gave prominent coverage to a Swedish Radio Broadcast made in the previous day, broadcasting that bribes had been paid to senior Indian politicians and key Defence figures to win the contract awarded by the Government of India to M/s. Bofors of Sweden on 24 March, 1986.;