JUDGEMENT
M. K. Mukherjee, J. -
(1.)Leave granted.
(2.)On May 3, 1991 the Central Bureau of Investigation (CBI), New Delhi, searched the premises of J. K. Jain at G-36, Saket, New Delhi to work out an information received while investigating RC Case No. 5(S)/91 SIU (B)/CBI/New Delhi. In course of the search they recovered, besides other articles and documents, two diaries, two small note books and two files containing details of receipts of various amounts from different sources recorded in abbreviated forms of digits and initials and details of payments to various persons recorded in similar fashion. Preliminary investigation taken up by the CBI to decode and comprehend those entries revealed payments amounting to Rs. 65.47 crores, out of which 53.5 crores had been illegally transferred from abroad through hawala channels, during the years 1988 to 1991 to 115 persons including politicians, some of whom were members of either Houses of Parliament during the relevant period, officials of Government and Public Sector Undertakings, and friends of S. K. Jain, B. R. Jain, and N. K. Jain, who are three brothers carrying on different businesses. It further revealed that the Jain brothers and J. K. Jain, who is their employee, had acted as middlemen in the award of certain big projects in the power sector of the Government of India to different bidders; that they had official dealings with politicians and public servants whose names were recorded in the diaries and the files; and that some of them had accepted illegal gratification other than legal remuneration from Jains as a reward for giving them and the companies they own and manage various contracts. On such revelation the CBI registered a case on March 4, 1995 under Sections 7 and 12 of the Prevention of Corruption Act, 1988 and Section 56 read with Section 8(1) of the Foreign Exchange Regulation Act, 1973 against the Jains, some public servants and others being RC No. 1(A)/95 ACU (VI) and on completion of investigation filed 34 charge-sheets (challans) in the Court of the Special Judge, New Delhi against various politicians, Government servants and the Jains. In one of the above charge-sheets (C.S. No. 4 dated 16-1-1996) Shri Lal Krishna Advani, who at the material time was a member of the Parliament, and the Jains figure as accused and in another (C.S.No. 8 dated 23-1-1996), Shri V. C. Shukla, also a member of Parliament, along with the Jains.
(3.)The common allegations made in the above two charge-sheets (from which these appeals stem) are that during the years 1988 to 1991 Jains entered into a criminal conspiracy among themselves, the object of which was to receive unaccounted money and to disburse the same to their companies, friends, close relatives and other persons including public servants and political leaders of India. In pursuance of the said conspiracy S. K. Jain lobbied with various public servants and Government organisations in the power and steel sectors of the Government of India to persuade them to award contracts to different foreign bidders with the motive of getting illegal kickbacks from them. During the aforesaid period the Jain brothers received Rs. 59,12,11,685/-, major portion of which came from foreign countries through hawala channels as kickbacks from the foreign bidders of certain projects of power sector undertakings and the balance from within the country. An account of receipts and disbursements of the monies was maintained by J. K. Jain in the diaries and files recovered from his house and Jain brothers authenticated the same.