ISRO Espionage Case - Concerns Of Kerala Police At That Stage Can't Be Said To Be Without Any Basis : Kerala High Court

The Kerala High Court on Friday 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.  

All the pre-arrest bail applications were allowed in favour of all petitioners, including the former Gujarat DGP RB Sreekumar, two former Kerala Police officers S. Vijayan and Thampi S. Durga, and a retired IB official PS Jayaprakash. They are arrayed as accused in a case registered by CBI alleging conspiracy to frame former ISRO scientist Nambi Narayanan in an espionage case of 1990s.

Justice Ashok Menon accordingly allowed the applications and granted them anticipatory bail in the matter, considering that the petitioners were called upon to answer an accusation made against them for an act which they had allegedly committed more than a quarter of a century ago.

While deciding the case, the Court noted that some of the documents which were produced for perusal before the Bench indicated that there were certain suspicious circumstances pointing towards the act of the ISRO scientists and that is probably what induced the officers to proceed against them. 

"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."

Responding to the allegation that the petitioners were acting on behest of some foreign power as posed by Advocate C.Unnikrishnan who represented Narayanan, the Single Bench ruled as such

"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." 

It was added that unless there are specific materials regarding their involvement, prima facie, it cannot be said that they were acting against the interest of the country.

The Bench further noted that there was no indication or material,apart from the rhetoric that a foreign power has a hand in persuading the petitioners. Therefore, it was found that the petitioners are entitled to the remedy of anticipatory bail.

While allowing the applications, the Court also opined that the investigation was triggered by the apprehension of the Maldivian ladies overstaying the Visa.

During the investigation, the officers in the lower rank like such as some of the petitioners found certain suspicious circumstances, as a result of which, they registered the crime and reported the matter to the higher authorities. 

The Court agreed with the petitioners and stated that the concerns of the Kerala Police at that stage cannot be said to be without any basis.

"The investigation was triggered by the apprehension of the Maldivian ladies, who were overstaying the Visa and during the investigation, the officers in the lower rank like accused 1 and 2 found certain suspicious circumstances, as a result of which, they registered the crime and reported the matter to the higher-ups."

Although ultimately it was found that there is nothing in the accusation made against the offices, the accused in the crime should not be made to face a similar situation of being forced to undergo the ignominy of being incarcerated in the prison for interrogation at this old age after their retirement for an incident that took place a quarter of the century ago. 

"The concerns of the Kerala Police at that stage cannot be said to be without any basis", the Court said in its order.

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