ISRO Espionage Case : Supreme Court To Hear CBI's Challenge Against Pre-Arrest Bail To 4 Officers After 2 Weeks

In a special leave petition filed by CBI assailing the anticipatory bail granted by the Kerala High Court to four police and intelligence bureau officials in the case related to the alleged framing of ISRO scientist Nambi Narayanan in a 1994 espionage case, the Supreme Court on Monday granted two weeks time to CBI to file rejoinder. When the matter was called for hearing, Additional Solicitor Genearl SV Raju for the CBI sought two weeks' time to file a rejoinder. Accordingly the bench of Justices AM Khanwilkar and CT Ravikumar in their order said,"2 weeks granted for filing rejoinder. List on January 28, 2022."Senior Advocate Kapil Sibal appeared for Sreekumar. Advocate Kaleeswaram Raj appeared for Jayaprakash.On November 23, 2021 the bench of Justices AM Khanwilkar and CT Ravikumar had issued notice in CBI's SLP against the anticipatory bail granted to police officers S Vijayan, Thampi S Durgadutt as well as RB Sreekumar(who later became Gujarat DGP), and another former IB official S Jayaprakash. ASG SV Raju for CBI while apprising the bench of the facts of the case submitted that the officers of IB, who had nothing to do with investigation, took the 4 scientists into custody and tortured them. He further added that because of their being taken into custody, the invention of the technology of the cryogenic rocket engine project went behind 10/20 years. Opposing their anticipatory bail, ASG submitted, "Investigation is to be done. If they're given anticipatory bail, the investigation will be derailed." In 2018, while awarding compensation of Rs 50 lakhs to Dr.Nambi Narayanan for his illegal arrest and custodial torture, the Supreme Court had constituted a commission led by former Supreme Court judge Justice DK Jain to probe into the larger conspiracy by investigators in the ISRO espionage case. In April 2021, Justice Jain committee submitted a report before the Supreme Court. Later, the Supreme Court directed the CBI to proceed against the accused based on the preliminary enquiry conducted by it into the larger conspiracy. In the order granting anticipatory bail, the High Court 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. "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 Cryogenic Engine", the High Court order said. Case Title: CBI versus P S Jayaprakash and others, SLP(Crl) No.8008-8010/2021 Click Here To Read/Download Order

ISRO Espionage Case : Supreme Court To Hear CBI's Challenge Against Pre-Arrest Bail To 4 Officers After 2 Weeks

Shruti Kakkar

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