BARIN DE Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This appeal is directed against an order dated 22nd June, 1988 passed by Pratibha Bonnerjea, J. dismissing the writ application in limine. In the writ application the petitioner asked for a Writ of Mandamus upon the respondents directing them not to pay the amount alleged to be paid as commission or kick-back or winding up charges to the Swedish Company, Bofors, A. B. sale of arms to India and to deduct the said amount from bill or bills submitted or to be submitted by the said Company to India on account of their sale of arms. An interim order was also asked for on the same terms.

(2.) In the stay application similar prayer has been asked for. The case of the petitioner is that as a citizen of India he has got the fundamental right to know all facts relevant to the citizens' interest regarding the Bofors deal and similar other deals. He has relied on several newspapers reports to establish that payment have been made by way of alleged commission to some middlemen on account of purchase of arms from Swedish Company amounting to 30/40 million U.S. dollars equivalent to 64 crores which must be adjusted against payments to be made by the Government of India to the Swedish Company, Bofors, A.B.

(3.) The contention of the petitioner is that the payment of commission of a huge amount which has 'admittedly, been paid by the Swedish Company to the middlemen as commission will be ultimately added to the company's price for arms supplied and accordingly the entire amount will necessarily be debited to India and have to be paid out from the exchequer of the Indian Government. As a citizen he is interested to see that the millions of dollars are not drained out of the Indian Exchequer, and the Indian taxpayers are not unnecessarily squeezed.