ISRO Espionage Case : Supreme Court Issues Notice On CBI's Plea Challenging Anticipatory Bail Granted To Police, IB Officials

The Supreme Court on Monday issued notice on a petition filed by the Central Bureau of Investigation challenging the anticipatory bail granted by the Kerala High Court to four police and intelligence bureau officials in the case related to the alleged framing of ISRO scientist Nambi Narayanan in a 1994 espionage case.

A bench comprising Justices AM Khanwilkar and CT Ravikumar posted the matter next to November 29.

Although Additional Solicitor General SV Raju requested for a stay of the High Court order of August 13, the bench declined. "Where is the question of stay? We are hearing the matter on 29th", the bench said.

The CBI has filed the Special Leave Petition against the anticipatory bail granted to police officers S Vijayan, Thampi S Durgadutt as well as RB Sreekumar(who later became Gujarat DGP), and another former IB official S Jayaprakash.

When the matter was called for hearing, ASG SV Raju for CBI while apprising the bench of the facts of the case submitted that the officers of IB, who had nothing to do with investigation, took the 4 scientists into custody and tortured them. He further added that because of they being taken into custody, the invention of the technology of cryogenic rocket engine project went behind 10/20 years.

Opposing their anticipatory bail, ASG submitted, "Investigation is to be done. If they're given anticipatory bail, the investigation will be derailed."

"Scientists were wrongly involved into the matter. Justice DK Jain Committee report and pursuant to this the CBI proceeded with the matter. It was found that this officer of IB who had nothing to do with investigation took custody of the 4 person and tortured them. This court directed for inquiry by Committee. We have started investigation and we are proceeding with the same. These scientists were involved in the invention of the technology of cryogenic rocket engine project. Because of they being taken into custody, the invention went behind 10/20 years. Investigation is to be done. If they're given anticipatory bail, the investigation will be derailed", the ASG submitted.

The bench said that it will issue notice. Senior Advocate Kapil Sibal appeared for Sreekumar. Advocate Kaleeswaram Raj appeared for Jayaprakash.

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 probe into the larger conspiracy by investigators in the ISRO espionage case. In April 2021, Justice Jain committee submitted a report before the Supreme Court. Later, the Supreme Court directed the CBI to proceed against the accused based on the preliminary enquiry conducted by it into the larger conspiracy.

In the order granting anticipatory bail, the High Court observed that concerns of the Kerala police at that stage about the espionage case cannot be said to be without basis.

"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", Justice Ashok Menon  had noted in the order.

The High Court also 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.

"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", the High Court order said.

Case Title : CBI versus P S Jayaprakash and others, SLP(Crl) No.8008-8010/2021

Click Here To Read/Download Order