ISRO Espionage Case: Kerala HC Grants Interim Anticipation Bail To All The Accused For One A Week

Case Background

• The ISRO Espionage Case involves the arrest of several prominent persons and ISRO Scientists, including Nambi Narayanan, who was then the director of ISRO’s cryogenic project, in 1994.
• The allegations were that they were secretly giving the drawings of ISRO Rocket Engines to some Maldivians, who may then sell them to Pakistan.
• However, the same was reported to be false by the CBI, and all the accused were released.
• The Supreme Court, in 2018, directed the State to pay Rs. 50 Lakhs to Mr. Narayanan as compensation, and also constituted a committee to inquire about the authorities and officials involved in framing this false case.
• The Committee submitted its report to the CBI, which took in-charge of the case. Later, an FIR was registered by the CBI against the police officers and other officials who were allegedly involved in the case.
• As a consequence, several anticipatory bail applications were placed before the Kerala High Court.

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 bails.

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 Cr. P. C. doesn’t simply state that a person is entitled to bail if he is above 70 years.

Court’s Order

• The Kerala High Court granted interim anticipatory bail to all the accused involved in the case, for one week, and posted the next hearing date to 11th August 2021.
• However, the Single-Judge Bench of Justice Ashok Menon ruled that the interim relief is in no way a rescue to the accused from the investigation, and ordered them to cooperate therewith.

What are your views on the case and the interim relief by the Court?