It is alleged that during 2003-12, these accused entered into a conspiracy with unidentified public servants who “abused their official positions” in lieu of “huge bribes, commissions and kickbacks” paid by Rolls Royce to approve the aircraft purchase.

The company paid intermediaries, even though the agreements, integrity pacts and associated documents of the deal “prohibited such payments”, the CBI FIR has alleged. The Cabinet Committee on Security (CCS) had approved the procurement of 66 Hawk 115 AJTs on September 3, 2003, under which 24 BAE Hawk 115Y AJTs in flyaway condition with all the accoutrement along with material for 42 aircraft to be manufactured by HAL were cleared for GBP 734.21 million, equivalent to Rs 5653.44 crore (calculated at Rs 77 per GBP), was sanctioned. Procurement of 42 aircraft, to be licence manufactured by HAL at an additional cost of GBP 308.247 million, equivalent to Rs 1944 crore, and a payment of GBP 7.5 million to Rolls Royce as a Manufacturer’s licence fee was also cleared. Subsequent contracts signed with Rolls Royce/BAE had an integrity clause that barred the engagement of any middlemen or payment of a commission. In case of violation, the company could have been debarred for any Government of India work for the next five years besides penalty.