Date of Judgement:
6th August 2021
Coram:
Justice Ashok Menon
Parties:
Petitioner: Former Investigating Officers
Respondent: Central Bureau of Investigation & Anr
Facts of the Case
- The ISRO Espionage Case involves the illegal arrest and detention of former director of ISRO’s cryogenic project, Mr. Nambi Narayanan. Mr. Narayan filed a case against his arrest before the Supreme Court, which had ordered for a CBI Probe into the matter.
- The CBI had registered FIR against the police officials and other officers who were allegedly involved in this false espionage case. The accused filed applications seeking anticipatory bail before the Kerala High Court.
- The case dates back to 1994 when the Indian Space Research Organization (ISRO) was in progress of developing a cryogenic engine, which it claimed would make India a strong competitor to the USA and France.
- During this period, a Maldivian woman was arrested in connection with obtaining secret drawings of ISRO rocket engines, with the object to sell them to Pakistan.
- Thereafter, several businessmen, Maldivian, and ISRO Scientists, including Nambi Narayan, who was then the director of the cryogenic project, were arrested.
- Later, in 1996, when the Central Bureau of Investigation (CBI), in its report, revealed the alleged ISRO Espionage Case to be false, the Court discharged all the accused.
- When the Kerala Government released its notification regarding the reinvestigation of the matter, the same was quashed by the Supreme Court.
- The State Government was directed to pay around 11 Lakh Rupees as compensation to Mr. Nambi Narayanan.
- Mr. Narayan filed a suit before the Supreme Court seeking its direction to take action against the authorities involved in the probe, and the Top Court began its hearing in 2018.
- After careful consideration of the case, the Apex Court, on 14th September 2018, directed the State to pay Rs. 50 Lakhs as compensation to Mr. Nambi.
- The Court also constituted a three-member committee headed by Retd. Justice D. K. Jain, to investigate the authorities involved in this false Espionage Case.
- Thereafter, the Supreme Court directed the Committee to submit its report to the CBI which was authorised to conduct a detailed inquiry in this matter.
- The CBI registered a First Information Report (FIR) against the police officials and other officers involved in this case. Consequently, several anticipatory bail applications were filed before the Kerala High Court under Section 438 of Cr. P. C.
Applicants’ Submissions
- The contentions were that the officers had not tortured Mr. Nambi during the investigation, and the same was video recorded and is available with the Intelligence Bureau.
- It was also submitted that the Supreme Court Committee’s report cannot be the only basis for the charge, and that the CBI is also required to make an investigation independently.
- Since one of the petitioners was 72 years old who recently underwent angioplasty, it was pleaded that a detailed investigation is unnecessary for him.
- The applicants’ also stated that all the charges against them, except one, were bailable in nature, and since the case is almost 26 years old, they are entitled to get anticipatory bail.
Respondent’s Submissions
- The Respondents, including the CBI and Mr. Nambi, opposed the anticipatory bail plea alleging that the presence of just one non-bailable charge among others would not make the entire matter bailable.
- It was also argued that age is irrelevant for investigation purposes, and that Section 438 of CrPC doesn’t simply state that a person is entitled to bail if he is above 70 years.
Issues Involved
- Whether anticipatory bail can be provided to the accused while pending investigation?
Important Provisions
- Section 438, Cr. P. C.- Section 438 empowers the superior courts to provide anticipatory bail to persons having reasons to believe that they may be arrested on accusation of having committed a non-bailable offence. An order granting anticipatory bail means a direction to release a person on bail issued even before s/he is arrested.
Judgement Analysis
- The Kerala High Court granted the interim anticipatory bail for one week to all the accused officers who were allegedly involved in this case. However, it also ordered them to cooperate with the investigation, and adjourned the matter to 11th August 2021.
- The arrest of Mr. Nambi Narayanan in this alleged ISRO Espionage Case raises several questions about the conduct of the State Government.
- First of all, the statements of Mr. Nambi stated that India was preparing for a cryogenic engine under his leadership. This would elevate our country’s position in this field, and India would have emerged as a strong competitor to the US and France.
- However, Mr. Nambi was upset with the alleged spy case, and stated that the same had shattered India’s cryogenic project. He is also supposing the involvement of the US in this case. Pakistan’s involvement is also suspected.
- However, the State authorities had only arrested the ISRO scientists and other businessmen. These incidents imposes a doubt on the credibility of the State Government. There were already internal political conflicts in Kerala which may have fueled the matter.
- The Supreme Court’s view on this issue is commendable, and its empathy towards Mr. Nambi is encouraged because of a sense of relief on seeing the man, who fought for more than two decades, earning his respect back.
- The CBI too has played a great role in revealing the true nature of this case. In fact, it was only after CBI’s involvement that we were able to get a clearer picture of the whole issue. Until then the Intelligence Bureau (IB) was alleged to be biased and supported the authorities.
- Therefore, the FIRs registered by the CBI are of crucial importance, and the same cannot be ignored by the Courts.
- Therefore, in general, the anticipatory bail applications ought not have been granted. However, it is also clear that the investigation is not yet over and this was the main consideration for the Kerala High Court.
- The Bench had granted them anticipatory bail owing to the pendency and unclear nature of the case.
- Nonetheless, the bail period has been extended to only a week and not till the completion of the investigation. This comes as a relief.
- Similarly, the Court’s order to the accused to cooperate with the investigation is also noteworthy.
Conclusion
The ISRO Espionage Case has been going on since 1994. It’s been more than 25 years, yet the Courts and the CBI are unable to reach its conclusion. Every time the case moves ahead, there are some new findings. It’s making it further difficult to come to an inference. Due to this, the Courts are not in a position to convict or acquit the accused involved. This is the main reason for the Kerala High Court to grant this interim measure. The only thing that can put the offenders behind the bar is a speedy investigation into the case, and it is expected that the CBI will make sure to complete the probe expeditiously.
