ISRO Espionage Case Against Nambi Narayanan: Supreme Court Asks CBI To Decide On Further Action On Enquiry Report Regarding Investigating Officers

The Supreme Court on Thursday directed that the report submitted by Justice DK Jain Committee regarding the erring officials who implicated scientist Dr Nambi Narayanan in the ISRO Espionage case be forwarded to the CBI for further action.The Court said that the CBI will be at liberty to decide on further investigation based on the enquiry report, by treating it is a preliminary enquiry.The Court has directed the CBI to report to the Supreme Court the decision taken on the enquiry report within three months.Notably, the Court directed that the report should not be published in media or circulated in public. The bench turned down the request of the investigating officer Siby Mathews for a copy of the report. The bench also refused to accept the request made by Nambi Narayanan's counsel for report's copy.A bench headed by Justice A M Khanwilkar was considering the application filed by Centre seeking further action on the Jain Commission report in the infamous ISRO Espionage Case regarding the role of erring police officials relating to ISRO scientist Nambi Narayanan who had been acquitted and was eventually awarded Rs 50 lakh compensation by the top court.The following are the outcomes of today's hearing :1. Bench directs forwarding of enquiry committee report to CBI.2. CBI at liberty to take further action based on the enquiry report.3. Request of invsetigating officers for copy of report turned down.4. Report not to be published in public.5. CBI to submit a report before the Supreme Court within three months on their action taken on the enquiry report.6. Bench also turned down the request of Nambi Narayanan's counsel for a copy of the report.During the course of hearing today, Advocate Amit Sharma appearing on behalf of former DGP Siby Mathews, submitted that the Committee never called Mathews for considering even a single issue. Furthermore, Sharma also expressed his worry on the Committee making adverse findings against Mathews without hearing him.At this juncture, Justice Khanwilkar remarked that the said Committee was tasked only to enquire and was "not supposed to adjudicate" the matter in any manner.In view of this, Sharma requested the Court to not let the report of the Committee be made available in media or public domain. Requesting the Bench to record the aforesaid in the order, Justice Khanwilkar at the outset observed thus:"The report will remain in sealed cover and will be given to CBI authorities to proceed in accordance with law. The report is not for publication."On the intervention of Nambi Narayanan's counsel asking if the petitioner can get the copy of the said report, Justice Khanwilkar, while refusing the request, went ahead to remark that the report is for a different purpose which will be used by the CBI and the same cannot be used for the purpose of publication."Accused is not supposed to be heard before the registration of the FIR. That is the first principle." Justice Khanwilkar remarked.At this juncture, Solicitor General Tushar Mehta submitted before the Court that the said report be shared with the Acting Director of CBI.The apex court had appointed the panel on September 14, 2018 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...

ISRO Espionage Case Against Nambi Narayanan: Supreme Court Asks CBI To Decide On Further Action On Enquiry Report Regarding Investigating Officers

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