SC Likely To Enhance The Compensation For Former ISRO Scientist Nambi Narayanan To Rs 75Lakhs

Former ISRO Scientist Nambi Naryanan has been fighting for Justice for the last two decadesWith a view to put an end to former ISRO scientist S. Nambi Narayanan’s long journey for justice, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday considered the tendering of compensation to the tune of Rs. 75 lakhs for malicious prosecution in the fake ISRO espionage case of 1994. The bench also deliberated on requiring the state to carry out inquiry into the role of Kerala state police officials involved in the prosecution and investigation.Dr. Narayanan was arrested by the Kerala Police on November 30, 1994 on espionage allegations under sections 3, 4 and 5 of the Indian Official Secrets Act of 1923, registered illegally without the Central government’s sanction. He was remanded to police custody and thereupon to judicial custody for 50 days. While in custody, he was allegedly tortured by officials of Kerala Police and the Intelligence Bureau of India and statements were allegedly obtained along suggested lines under duress. The story fabricated by the police was that he had passed on rocket technology and cryogenic technology to some other countries for illegal gratification.On transfer of investigation to the CBI, the allegations were found to be false. The finding of the CBI was upheld by the Supreme Court in 1998 in K. Chandrasekhar v. State of Kerala.On Wednesday, Senior Counsel V. Giri, appearing on behalf of the present petitioner, pressed for initiation of criminal proceedings against the respondent officials, drawing the attention of the bench to the observations of the apex court in K. Chandrasekhar- “...On a careful perusal of the police report submitted by the C.B.I. on completion of the investigation (which runs through more than 100 pages) we find that it has made a detailed investigation from all possible angles before drawing the conclusion that the allegations of espionage did not stand proved and were found to be false...”“Did the Supreme Court direct departmental inquiry against the officials?”, asked the Chief Justice. “No...the CBI had recommended that the state government may take necessary action”, responded Mr. Giri.“Since there was no recommendation for any criminal action in the 1998 judgment, we can direct compensation to be paid by persons involved in the investigation...we will require the state to recover the compensation from their properties...the compensation for the loss of reputation shall be determined in accordance with the status of the petitioner...it may be 50 lakhs or even 60 lakhs...”, opined the Chief Justice.“The NHRC had in 2001 awarded interim compensation of Rs. 10 lakhs...but we are interested in seeing the truth come out...”, persisted Mr. Giri. “The truth has come out...we shall clarify...the reputation stands restored...”, asserted the Chief Justice.ASG Vikramjit Banerjee, representing the CBI, backed the prayer for Criminal proceedings, “we agree that criminal proceedings should be initiated...the CBI has concluded that indiscriminate arrests of ISRO scientists were ordered by the first respondent herein (former Kerala DGP Siby Mathews)...”Submitting that criminal action may be initiated based on further investigation under section 173(8), Cr. P. C. even after a span of time, he relied on the judgment in Mahima @ Mahimananda Mishra .“The 1998 judgment only uses the term ‘malafide’ and that the petitioner was taken into custody illegally...in cases of malicious prosecution, the appropriate action would be to file a civil suit...everyone cannot move the court seeking criminal proceedings as relief...keeping in view the status of the petitioner and the loss of reputation and career, we can evaluate the public law remedy at Rs. 75 lakhs...”, remarked Chief Justice Misra.“At best, this is a case of dereliction of duty by the officers”, added Justice Khanwilkar.“There was deliberate targeting as well as custodial torture...the state is vicariously liable...”, *both the ASG and Mr. Giri sought to submit.“We will ensure that the officers involved in the investigation pay compensation proportionally...we will say that there may be no contest as to quantum or liability”, assured the Chief Justice.“The compensation shall be made paid by the state...the state shall also enquire as to which officers are guilty and what is the proportionality...the law in India is of malafide prosecution and public law remedy...with malafide prosecution, the vicarious liability of the state comes into play...we will not direct criminal action based on your submissions...”, repeated Chief Justice Misra at a later stage.“If you push this argument, the respondent may be able to show a bonafide discharge of official duty, which may in turn affect the compensation”, added Justice Chandrachud to the ASG.When Mr. Banerjee persisted, the Chief Justice admonished, “are you trying to help the man or procure Criminal prosecution?...

SC Likely To Enhance The Compensation For Former ISRO Scientist Nambi Narayanan To Rs 75Lakhs

Mehal Jain