News Analysis India

Tag: ISRO espionage case

  • ISRO espionage case: SC sets aside anticipatory bail of four former officers; asks HC to consider bail pleas afresh

    By Express News Service

    NEW DELHI: The Supreme Court on Friday asked the Kerala HC to consider afresh anticipatory bail pleas of former Gujarat DGP RB Sreekumar, two former police officers of Kerala, S Vijayan and Thampi S Durga Dutt, and a retired intelligence official P S Jayaprakash accused of hatching a conspiracy to frame former ISRO scientist Nambi Narayan and others in the ISRO espionage case.

    The retired Kerala Police officers S Vijayan and Thampi S Durga Dutt were part of the Special Investigation Team (SIT) which arrested the scientist.

    The bench led by Justice MR Shah while setting aside HC’s order asked it to reconsider their pleas within four weeks. It further granted interim protection from arrest to the accused for five weeks and till the HC decides their pleas subject to them cooperating in the investigation.

    Court’s order came in a plea filed by CBI challenging Kerala HC’s April 16 order granting them anticipatory bail. HC while granting them bail had observed that concerns of the Kerala police at that stage about the espionage case cannot be said to be without basis.

    “Some of the documents which have been produced for perusal indicate that there were certain suspicious circumstances pointing towards the act of the Scientists in the ISRO and that is what induced the officers to proceed against them”, Justice Ashok Menon had noted in the order.

    The High Court also remarked that there was “not even a scintilla of evidence” to suggest that the petitioners accused of implicating former ISRO scientist Nambi Narayanan in the espionage case were influenced by foreign elements.

    Challenging the bail, the probe agency had contended that the HC had granted anticipatory bail on the ground that the matter was old. ASG SV Raju had added that despite the offence which was committed 25 years ago, top court had directed for registration of FIR and it was not open for the HC to grant bail on this ground. On the other hand, Senior Advocate Kapil Sibal for the then IB officer, argued accused was charged for “bailable offences”. He also added that there was no allegation against him in the FIR and there was no basis for the probe agency to take him into custody.

    Narayanan and six others were accused of selling secrets pertaining to ISRO’s cryogenic programme to women who were allegedly spying for Russia, Pakistan’s Inter-Services Intelligence and other countries. In 1994, he and two other businessmen were arrested on the charges of espionage.

    In September 2018, the Supreme Court had held that the prosecution initiated by Kerala Police in the 1990’s in relation to the ISRO Espionage Case was maliciously moved against the Scientist, causing him immense humiliation. As a result of this, the Kerala Government was directed to pay compensation of Rs. 50 lac to Narayanan. Further to this, a three-member committee was constituted to probe into the illegal arrest of Narayanan.

    NEW DELHI: The Supreme Court on Friday asked the Kerala HC to consider afresh anticipatory bail pleas of former Gujarat DGP RB Sreekumar, two former police officers of Kerala, S Vijayan and Thampi S Durga Dutt, and a retired intelligence official P S Jayaprakash accused of hatching a conspiracy to frame former ISRO scientist Nambi Narayan and others in the ISRO espionage case.

    The retired Kerala Police officers S Vijayan and Thampi S Durga Dutt were part of the Special Investigation Team (SIT) which arrested the scientist.

    The bench led by Justice MR Shah while setting aside HC’s order asked it to reconsider their pleas within four weeks. It further granted interim protection from arrest to the accused for five weeks and till the HC decides their pleas subject to them cooperating in the investigation.

    Court’s order came in a plea filed by CBI challenging Kerala HC’s April 16 order granting them anticipatory bail. HC while granting them bail had observed that concerns of the Kerala police at that stage about the espionage case cannot be said to be without basis.

    “Some of the documents which have been produced for perusal indicate that there were certain suspicious circumstances pointing towards the act of the Scientists in the ISRO and that is what induced the officers to proceed against them”, Justice Ashok Menon had noted in the order.

    The High Court also remarked that there was “not even a scintilla of evidence” to suggest that the petitioners accused of implicating former ISRO scientist Nambi Narayanan in the espionage case were influenced by foreign elements.

    Challenging the bail, the probe agency had contended that the HC had granted anticipatory bail on the ground that the matter was old. ASG SV Raju had added that despite the offence which was committed 25 years ago, top court had directed for registration of FIR and it was not open for the HC to grant bail on this ground. On the other hand, Senior Advocate Kapil Sibal for the then IB officer, argued accused was charged for “bailable offences”. He also added that there was no allegation against him in the FIR and there was no basis for the probe agency to take him into custody.

    Narayanan and six others were accused of selling secrets pertaining to ISRO’s cryogenic programme to women who were allegedly spying for Russia, Pakistan’s Inter-Services Intelligence and other countries. In 1994, he and two other businessmen were arrested on the charges of espionage.

    In September 2018, the Supreme Court had held that the prosecution initiated by Kerala Police in the 1990’s in relation to the ISRO Espionage Case was maliciously moved against the Scientist, causing him immense humiliation. As a result of this, the Kerala Government was directed to pay compensation of Rs. 50 lac to Narayanan. Further to this, a three-member committee was constituted to probe into the illegal arrest of Narayanan.

  • ISRO espionage case: Supreme Court agrees to hear CBI’s plea against anticipatory bail granted to four

    By PTI

    NEW DELHI: The CBI on Monday told the Supreme Court there may be a “larger conspiracy” involving foreign hands in the 1994 ISRO espionage case in which scientist Nambi Narayanan was allegedly framed by the Kerala police due to which the technology to develop the cryogenic engine was “hit” and the country’s space programme went back by at least one or two decades.

    The Central Bureau of Investigation(CBI) made the submission even as the top court agreed to hear its plea challenging the Kerala High Court order granting anticipatory bail to four persons, including a former Director-General of Police (DGP), in connection with the ISRO espionage case.

    The CBI’s petition came up for hearing before a bench of Justices A M Khanwilkar and C T Ravikumar which issued notice and posted it for hearing on November 29.

    The high court on August 13 granted anticipatory bail to four accused– a former Gujarat DGP R B Sreekumar, two former Kerala police officers S Vijayan and Thampi S Durga Dutt, and a retired intelligence official P S Jayaprakash.

    Additional Solicitor General (ASG) S V Raju, appearing for the CBI, told the apex court that grant of anticipatory bail might derail the investigation in the case.

    Raju said the CBI has found in its probe that some scientists were allegedly tortured and framed in the case due to which the development of the cryogenic engine was hit and this led to India’s space programme going back by almost one or two decades.

    “We (CBI) are proceeding on the line that the technology for the cryogenic engine was deliberately tried to be stalled by arresting the scientists, who were involved in the development of the engine, as a result of which our space programme went back by at least one or two decades,” Raju told the bench.

    He said this is a “very serious matter” and there may be a larger conspiracy at the behest of foreign hands which is being investigated.

    “We are issuing notice,” the bench said.

    As the bench said it was issuing notice on the plea, the ASG said, “May I request a stay of the order”.

    “Where is the question of stay? We are issuing notice and taking it on November 29,” the bench observed.

    The investigating agency had earlier alleged that there was a clear indication that the accused were part of a team, which had ulterior motives to torpedo the attempts of the Indian Space Research Organisation (ISRO) for manufacturing the cryogenic engine.

    While granting anticipatory bail to these persons, the high court had said, “There is not even a scintilla of evidence regarding the petitioners being influenced by any foreign power so as to induce them to hatch a conspiracy to falsely implicate the scientists of the ISRO with the intention to stall the activities of the ISRO with regard to the development of the cryogenic engine.”

    It had said unless there are specific materials regarding their involvement, prima facie, it cannot be said that they were acting against the interests of the country.

    The CBI has registered a case against 18 persons for various alleged offences, including criminal conspiracy, in connection with the arrest and detention of Narayanan, a former ISRO scientist, in the espionage case.

    The case, which had hit the headlines in 1994, pertained to allegations of transfer of certain confidential documents on India’s space programme to foreign countries by two scientists and four others, including two Maldivian women.

    Narayanan, who was given a clean chit by the CBI, had earlier said that the Kerala police had “fabricated” the case and the technology he was accused to have stolen and sold in the 1994 case did not even exist at that time.

    The CBI, in its probe, had claimed that the then top police officials in Kerala were responsible for Narayanan’s illegal arrest.

    The apex court had on September 14, 2018 appointed a three-member committee while directing the Kerala government to cough up Rs 50 lakh compensation for compelling Narayanan to undergo “immense humiliation”.

    Terming the police action against the ex-scientist of the ISRO as a “psycho-pathological treatment”, the apex court had in September 2018 said that his “liberty and dignity”, basic to his human rights, were jeopardised as he was taken into custody and, eventually, despite all the glory of the past, was compelled to face “cynical abhorrence”.

  • ISRO case: Panel report can’t be basis for prosecution, CBI to probe & proceed as per law, says SC

    By PTI
    NEW DELHI: The Supreme Court Monday said the report filed by a committee headed by its former judge Justice (retd) D K Jain regarding role of erring police officials in the 1994 espionage case relating to ISRO scientist Nambi Narayanan cannot be the basis for prosecution and the CBI has to probe and collect material in the FIR lodged by it.

    Narayanan, 79, had been acquitted in the matter and was eventually awarded Rs 50 lakh compensation by the apex court.

    The CBI, which has registered an FIR in the matter, has to investigate and proceed as per law, the apex court said.

    “They (CBI) cannot proceed against you (accused) on the basis of the report only. They have to investigate, collect material and then proceed as per law. Ultimately, it is the investigation which will be done. Report cannot be the basis of your prosecution,” a bench of Justices A M Khanwilkar and Sanjiv Khanna said.

    The bench said this during the hearing after an advocate, appearing for one of the accused, requested that the committee’s report be shared with them as the CBI has relied heavily on it.

    “Nothing will turn on the report. The report is only an initial information. Ultimately, CBI will conduct investigation which will have the consequences,” the bench said.

    At the outset, Solicitor General Tushar Mehta said that the FIR registered by CBI has the gist of the report.

    The bench mentioned that the report says FIR has been lodged but it has not been uploaded on the website.

    It observed the apex court had earlier said that only the committee’s report not be made public and authorities are free to proceed as per law.

    Mehta said the FIR registered in the matter has been filed in the concerned court and it can be uploaded on the website during the course of the day, if the court permits.

    “We hasten to add that the earlier order only required CBI to ensure that report submitted by the Justice D K Jain committee should not be made public.

    Now that CBI has finally decided to proceed in the matter, further steps after registration of FIR shall follow as per law and no directions are required in that regard from this court,” the bench said.

    It also observed that accused will have the liberty to avail the remedies available to them and the concerned court will decide on it in accordance with law.

    At the fag end of hearing, Additional Solicitor General (ASG) S V Raju said that since the committee has filed its report, the panel may have to be wound up.

    “As the report has been finally acted upon, we accede to the request of ASG S V Raju that Justice D K Jain committee constituted under the order of this court may cease to function,” said the bench while appreciating the efforts of the committee.

    The apex court had on September 14, 2018 appointed a three-member committee, while directing the Kerala government to cough up Rs 50 lakh compensation for compelling Narayanan to undergo “immense humiliation”.

    It had ordered setting up of the committee to take appropriate steps against the erring officials for causing “tremendous harassment” and “immeasurable anguish” to Narayanan and had directed the Centre and state government to nominate one officer each in the panel.

    Terming the police action against the ex-scientist of the Indian Space Research Organisation (ISRO) as a “psycho-pathological treatment”, the apex court had in September 2018 said that his “liberty and dignity”, basic to his human rights, were jeopardised as he was taken into custody and, eventually, despite all the glory of the past, was compelled to face “cynical abhorrence”.

    The espionage case, which had hit the headlines in 1994, pertained to allegations of transfer of certain confidential documents on India’s space programme to foreign countries by two scientists and four others, including two Maldivian women The CBI, in its probe, had said that the then top police officials in Kerala were responsible for Narayanan’s illegal arrest.

    The case also had its political fallout, with a section in the Congress targeting the then Chief Minister late K Karunakaran over the issue, that eventually led to his resignation.

    Over a period of almost two-and-a-half years, the panel headed by Justice Jain examined the circumstances leading to the arrest.

    The former scientist, who was given a clean chit by the CBI, had earlier said that the Kerala police had “fabricated” the case and the technology he was accused to have stolen and sold in the 1994 case did not even exist at that time.

    Narayanan had approached the apex court against a Kerala High Court judgement that said no action needed to be taken against former DGP Siby Mathews, who was then heading the SIT probe team, and two retired superintendents of police K K Joshua and S Vijayan, who were later held responsible by the CBI for the scientist’s illegal arrest.

    The CBI, while giving clean chit to the scientist, had said that Siby Mathews had left “the entire investigation to IB surrendering his duties” and ordered indiscriminate arrest of the scientist and others without adequate evidence being on record.

    The case had caught attention in October 1994, when Maldivian national Rasheeda was arrested in Thiruvananthapuram for allegedly obtaining secret drawings of ISRO rocket engines to sell to Pakistan.

    Narayanan, the then director of the cryogenic project at ISRO, was arrested along with the then ISRO Deputy Director D Sasikumaran, and Fousiya Hasan, a Maldivian friend of Rasheeda.

  • ISRO 1994 espionage case: Centre moves SC seeking urgent hearing, matter to be heard next week

    By PTI
    NEW DELHI: The Centre Monday moved the Supreme Court seeking urgent hearing on the report filed by a high-level committee regarding the role of erring police officials in the 1994 espionage case relating to ISRO scientist Nambi Narayanan who had been acquitted and was eventually awarded Rs 50 lakh compensation by the top court.

    The matter was mentioned for urgent hearing by Solicitor General Tushar Mehta before a bench, headed by Chief Justice S A Bobde, which said that the case would be heard next week.

    Mehta told the bench, also comprising Justices A S Bopanna and V Ramasubramanian, that the report has been filed by the committee and it be considered as this is a “national issue”.

    The bench said it understands that it is an important matter but “not a very urgent matter”.

    “We will take it up next week,” the bench said.

    The apex court had on September 14, 2018, appointed a three-member panel, headed by its former judge Justice (retd) D K Jain, while directing the Kerala government to cough up Rs 50 lakh compensation for compelling Narayanan to undergo “immense humiliation”.

    It had ordered setting up of the committee to take appropriate steps against the erring officials for causing “tremendous harassment” and “immeasurable anguish” to Narayanan and had directed the Centre and state government to nominate one officer each in the panel.

    Terming the police action against the ex-scientist of the Indian Space Research Organisation (ISRO) as a “psycho-pathological treatment”, the apex court had in September 2018 said that his “liberty and dignity”, basic to his human rights, were jeopardised as he was taken into custody and, eventually, despite all the glory of the past, was compelled to face “cynical abhorrence”.

    The espionage case, which had hit the headlines in 1994, pertained to allegations of transfer of certain confidential documents on India’s space programme to foreign countries by two scientists and four others, including two Maldivian women The scientist was arrested when the Congress was heading the government in Kerala.

    The three-member investigation panel submitted its report in a sealed cover to the apex court recently.

    The CBI, in its probe, had held that the then top police officials in Kerala were responsible for Narayanan’s illegal arrest.

    The case also had its political fallout, with a section in the Congress targeting the then Chief Minister late K Karunakaran over the issue, that eventually led to his resignation.

    Over a period of almost two-and-a-half years, the panel headed by Justice Jain examined the circumstances leading to the arrest.

    The 79-year-old former scientist, who was given a clean chit by the CBI, had earlier said that the Kerala police had “fabricated” the case and the technology he was accused to have stolen and sold in the 1994 case did not even exist at that time.

    Narayanan had approached the apex court against a Kerala High Court judgement that said no action needed to be taken against former DGP Siby Mathews, who was then heading the SIT probe team, and two retired superintendents of police K K Joshua and S Vijayan, who were later held responsible by the CBI for the scientist’s illegal arrest.

    “There can be no scintilla of doubt that the appellant, a successful scientist having national reputation, has been compelled to undergo immense humiliation. The lackadaisical attitude of the state police to arrest anyone and put him in police custody has made the appellant to suffer the ignominy,” the apex court had said in its September 2018 order.

    “The dignity of a person gets shocked when psycho-pathological treatment is meted out to him. A human being cries for justice when he feels that the insensible act has crucified his self-respect,” the top court had said.

    It had accepted Narayanan’s plea that the authorities, who were responsible for causing such a “harrowing effect” on his mind, should face “legal consequences”.

    The CBI, while giving clean chit to the scientist, had said that Siby Mathews had left “the entire investigation to IB surrendering his duties” and ordered indiscriminate arrest of the scientist and others without adequate evidence being on record.

    The case had caught attention in October 1994, when Maldivian national Rasheeda was arrested in Thiruvananthapuram for allegedly obtaining secret drawings of ISRO rocket engines to sell to Pakistan.

    Narayanan, the then director of the cryogenic project at ISRO, was arrested along with the then ISRO Deputy Director D Sasikumaran, and Fousiya Hasan, a Maldivian friend of Rasheeda.

  • ISRO espionage case: High-level probe panel submits report to SC on Nambi Narayanan’s illegal arrest

    By PTI
    NEW DELHI: A high-level probe panel appointed by the Supreme Court to take erring cops to task for causing “tremendous harassment” and “immeasurable anguish” to ISRO scientist Dr Nambi Narayanan in the 1994 espionage case has submitted its report to the apex court, sources said.

    The SC had on September 14, 2018 appointed the three-member panel headed by its former judge D K Jain while directing the Kerala government to cough up Rs 50 lakh compensation for compelling Narayanan to undergo “immense humiliation”.

    The scientist was arrested when the Congress was heading the government in Kerala.

    The panel, after investigation, submitted its report in a sealed cover to the apex court recently.

    The CBI, in its probe, had held that the then top police officials in Kerala were responsible for Narayanan’s illegal arrest.

    The case also had its political fallout, with a section in the Congress targeting the then Chief Minister late K Karunakaran over the issue, that eventually led to his resignation.

    Over a period of almost two-and-a-half years, the panel headed by Justice Jain examined the circumstances leading to the arrest.

    The espionage case, which had hit the headlines in 1994, pertained to allegations of transfer of certain confidential documents on India’s space programme to foreign countries by two scientists and four others, including two Maldivian women.

    The 79-year-old former scientist, who was given a clean chit by the CBI, maintained that the Kerala Police had “fabricated” the case and the technology he was accused to have stolen and sold in the 1994 case did not even exist at that time.

    Narayanan had approached the apex court against a Kerala High Court judgement that said “no action needed to be taken” against former DGP Siby Mathews, who was then heading the SIT probe team, two retired superintendents of police, K K Joshua and S Vijayan, and the then Deputy Director, Intelligence Bureau, R B Shreekumar, who were later held responsible by the CBI for the scientist’s illegal arrest.

    The apex court in its judgement had said, “We think that the obtaining factual scenario calls for constitution of a committee to find out ways and means to take appropriate steps against the erring officials.”

    “The criminal law was set in motion without any basis. It was initiated, if one is allowed to say, on some kind of fancy or notion,” a bench headed by the then Chief Justice Dipak Misra had said.

    “We are of the view that the appellant was arrested and he has suffered custody for almost 50 days. His arrest has been seriously criticised in the closure report of the CBI. From the aforesaid report, the harassment and mental torture faced by the appellant is obvious,” the bench had added.

    The judgement had said the “entire prosecution” initiated by the state police was “malicious and it has caused tremendous harassment and immeasurable anguish” to Narayanan.

    “It can be stated with certitude” that the fundamental right of life and personal liberty of Narayanan was “gravely affected”.

    The CBI, while giving a clean chit to the scientist, had said that Siby Mathews had left “the entire investigation to IB surrendering his duties” and ordered indiscriminate arrest of the scientist and others without adequate evidence.

    The case had caught attention in October 1994, when Maldivian national Rasheeda was arrested in Thiruvananthapuram for allegedly obtaining secret drawings of ISRO rocket engines to sell to Pakistan.

    Narayanan, the then director of the cryogenic project at ISRO, was arrested along with the then ISRO Deputy Director D Sasikumaran, and Fousiya Hasan, a Maldivian friend of Rasheeda.

    The apex court had termed the police action against the ex-scientist of the Indian Space Research Organisation (ISRO) a “psycho-pathological treatment”.

    It had said that his “liberty and dignity”, basic to his human rights, were jeopardised as he was taken into custody and, eventually, despite all the glory of the past, was compelled to face “cynical abhorrence”.

    Awarding a compensation Rs 50 lakh, which was to be paid by the state government, the top court had said it was being given to compensate for his suffering, anxiety and the treatment meted out to him.

    The apex court had said the “reputation of an individual is an insegregable facet of his right to life with dignity” and had rejected the plea of the Kerala government that due to the lapse of time, no inquiry or subsequent actions were needed to be taken against the erring officials.

    It had accepted Narayanan’s plea that the authorities, who were responsible for causing such a “harrowing effect” on his mind, should face “legal consequences”.

    The findings of the report are not yet known.