ISRO Espionage Case : CBI Moves Supreme Court Challenging Anticipatory Bail Granted To Former Kerala DGP Siby Mathews

The adjournment was granted in view of the request made by Additional Solicitor General, Mr. S.V. Raju seeking directions for tagging the concerned petition with the petition filed by the Central Agency impugning the grant of anticipatory bail by the same High Court to four police and intellectual bureau officials. On 22.11.2021, the Supreme Court had issued notice in the petition concerning these four police officials in relation to the alleged framing of former ISRO scientist Nambi Narayanan in a 1994 espionage case.

A Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala directed the registry to list the pleas together on the next date of hearing.

"List with SLP(Crl) No. 8008-10 of 2021. Liberty to serve advance copy on the respondent by Dasti. List on 27th. "

While granting bail to Mathews, the Sessions Court limited the relief for a period of 60 days as the 6th bail condition. In appeal, the High Court had quashed the order and set aside this 60 days' limit. During the course of the hearing of the appeal, the High Court had already extended the said time limit which was to otherwise expire on 24th October several times since CBI had sought time to file its submissions in the matter.

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. The criminal case pending against Mathews was registered on the basis of the recommendations put forth by the Committee to conduct an impartial and in-depth investigation by the CBI. 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.

 The matter to be heard next on 27th July, 2022.

[Case Title: CBI v. Siby Mathew SLP(Crl) 4097/ 2022]