ISRO Espionage case: Kerala HC admits Nambi Narayanan’s plea against closing of proceedings against former cops [Read Petition]

The Kerala High Court today admitted to its files, a writ petition filed by former ISRO scientist Nambi Narayanan challenging the action of the National Human Rights Commission in closing his petition seeking action by the government against 5 former cops including ADGP Siby Mathews, and retired SP’s S. Vijayan and K.K. Joshwa- who had tortured him during the course of the investigation into the sensational espionage case of 1994.According to the averments in the writ petition filed by Advocate C.Unnikrishnan, the NHRC had decided to close proceedings against the errant cops on the ground that the Division Bench of the Kerala High Court had earlier observed (in Writ Appeal No.1863/2014) that no further action need to be taken by the Government and all the 3 officers have retired and no tangible disciplinary proceedings could be taken against them as they had ceased to be under the control of the authorities except being pensioner under the government.Mr. Nambi Narayanan has contended that the action of the NHRC in is per-se illegal and reveals non-application of mind as one case deals with disciplinary proceedings after retirement of erring officials while the NHRC was dealing with human right violation by the erring officials.Explaining his contention, Mr. Nambi Narayanan who filed the writ petition though his counsel Mr. C. Unnikrishnan has submitted that W.A. No. 1863/2014 wherein the High Court had made the above observations was dealing with quashing of the Government Order deciding not to take action against the erring officials inspite of the recommendation of the CBI. According to him “that will not in any way affect the action to be taken in the case of clear and established human right violation done by the erring officials against the petitioner. Still further, that judgment of the Division Bench was challenged before the Hon’ble Supreme Court in SLP Nos.17072-17073 of 2015 and the SLP was admitted with a 3 page order dated 9-7-2015. That SLPs are pending for final adjudication by the Hon’ble Supreme Court.” The petitioner has also sought to rely on the judgment of another Division Bench of the Kerala High Court in W.A. No. 422 of 2007 (reported in 2012 (4) KLT 221 Nambinarayanan Vs. State of Kerala) wherein the Court while dealing with an order granting immediate interim relief to the petitioner by the NHRC had held as follows:- “So far as the appeal filed by the 3rd respondent (Siby Mathew) in the W.P. is concerned we notice that the NHRC has not found any of the police personal including the said appellant personally responsible for violation of human rights of the appellant. On the other hand the Commission had directed the State Government to report to it as to what action they have taken against the said appellant and others. The appellant is right in this contention that NHRC’s direction to the Government though not in so many words convey the idea that they are personally responsible and they should be protected against. We feel it is certainly premature on the part of NHRC to order such action against the officers concerned because they are all persons made as personally party responsible in the petition before the NHRC and unless in the course of final inquiry, NHRC identifies the persons if any personally involved in human rights violation, they cannot order the Govt. to take action or to recover compensation. So much so, we vacate the observation of the NHRC in regard to direction to State to consider action against the officers concerned, which certainly the commission is free to consider in the course of enquiry and while issuing final orders after giving opportunity to all concerned”.The petitioner submits in his writ petition that these findings “certainly means the NHRC should proceed to complete the final enquiry and as per S.18 of the Protection of Human Rights Act, the NHRC can recommend to make payment of compensation or damages and to initiate proceedings for prosecution or such other suitable action etc. Therefore the action of the NHRC closing the proceedings against the erring officials merely because of the judgment in WA holding that no disciplinary action can be initiated after their retirement is to be interdicted as it is a mockery to justice and amounts to protecting the criminals.”The genesis of the case dates back to 30.11.1994 when Mr.Nambi Narayanan, who was working as a scientist with the Indian Space Research Organization (ISRO) along with another top ISRO official, two Maldivian women and a businessman were arrested alleging commission of espionage. Later the investigation of the case was transferred to the CBI.The CBI, after investigation, holding that the case instituted against Narayanan was false, filed its report recommending closure of the case. The Chief Judicial Magistrate accepted the closure report. In the Closure report the CBI spelt out at length the commission of serious lapses by the earlier investigation team and itemized such lapses in...

ISRO Espionage case: Kerala HC admits Nambi Narayanan’s plea against closing of proceedings against former cops [Read Petition]

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