CBI FIR In ISRO Conspiracy Case: Kerala High Court Grants Interim Protection To Ex-Deputy Central Intelligence Officer Till July 1

Adv. Kaleeswaram Raj on behalf of the applicant argued that he was only part of investigation for one month, which was much after the FIR was lodged. Moreover, he was only Accused no.11 in the array of parties, and Accused no. 2, Sibi Mathew had already been released on anticipatory bail by the Sessions Court. Although this Court is not bound by such decision, the Counsel urged that this move of the Sessions Court be taken as an indication.

It was also alleged that framing the applicant was a vindictive agenda, for the reason that he was only a middle level officer, obeying the directions of his superior officials. It was also brought to the notice of the court that he is an ailing 71 year old widower, who cannot even talk, and that these aspects should be considered by the Court.

The ASG of India, while appearing for the CBI, sought for an adjournment once again, and cited that the CBI was directed by the Apex Court to continue the enquiry and to submit the report by the second week of July. Considering the sensitivity of the matter, the ASG submitted that he has requested assistance from Addl. ASG and to speed up the investigation.

During the hearing, Adv. Unnikrishnan also sought that the de facto complainant be impleaded in the matter. He also submitted that the applicant had abused regularly him during the interrogation, which has been vehemently denied by the applicant.

Justice K Haripal had earlier issued an interim order directing that he shall not be arrested till 25^th June. The Court had also sought the opinion of CBI in this matter while granting adjournment.

The said petition was filed by P.S Jayaprakash, a retired Deputy Central Intelligence Officer, after an FIR was lodged against him accusing of him being involved in the 1994 ISRO espionage case. The applicant preferred this application after a special unit of the CBI submitted the FIR before the Chief Magistrate Court in Thiruvananthapuram.

The said CBI probe was directed by the Supreme Court on April 15 to unravel the plot of how a few police officials had falsely implicated former ISRO scientist Nambi Narayanan.

During the previous hearing, Adv Kaleeswaram Raj had submitted on behalf of the applicant that the applicant was merely a middle-level officer participating in a team that helped Kerala Police in the investigation.

It was also argued that he was not involved in Nambi Narayanan's interrogation or arrest, and had only interrogated a few other individuals. The applicant also admitted of having nteracted with Fauzia Hassan, another Maldivian woman once. As per the application, he was not involved with the investigation in any other manner.

The applicant had also pleaded that he had not even met Nambi Narayanan and had no reason to conspire anything against him. The present FIR and harassing the applicant after over two decades was alleged to be clear abuse of process of law.

Title: P.S. Jayaprakash vs. Central Bureau of Investigation