Justice KM Joseph of the Supreme Court of India today recused from two petitions filed by CBI assailing the anticipatory bail granted by the Kerala High Court to five police and intelligence bureau officials in the case related to the alleged framing of ISRO scientist Nambi Narayanan in the 1994 ISRO espionage case.
During the hearing, a Bench headed by the Justice Joseph ordered for both the petitions to be listed before a different bench.
"Both these matters to be listed before a different bench."
"It's being adjourned for the 6th time. I'm not complaining against your Lordships but just pointing it out", Senior Advocate Kapil Sibal, appearing for the respondents, submitted.
"The challenge against anticipatory bail?", the Bench asked.
"Yes, milords", the senior advocate responded promptly.
"The matter is coming before us the first time", the Division Bench which also consisted of Justice Hrishikesh Roy then said.
Advocate Kaleeshwaram Raj, appearing for PS Jayaprakash highlighted that the case is over 27 years old.
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 unearth the larger conspiracy behind the framing of former ISRO scientist Nambi Narayan and other scientists in the 1994 espionage case.
In April 2021, the Justice Jain committee submitted a report before the Supreme Court. Following that, the Supreme Court directed the CBI to take action on the Justice Jain Committee report. The CBI registered the case arraying former Kerala DGP Siby Mathews,former Gujarat DGP RB Sreekumar and PS Jayaprakash(who were IB officials in 1994) and two former Kerala Police officers S. Vijayan and Thampi S. Durga are the other accused in the case.
Case Title: CBI v. Siby Mathew SLP(Crl) 4097/ 2022, CBI vs Jayaprakash | SLP(Crl) No. 8008-8010/2021 II-B