ISRO Espionage Case: Kerala HC extends officers' interim protection from arrest by one day

In a development in the ISRO espionage case, the Kerala High Court on August 4 extended the interim protection from arrest for three former Kerala Police officers and a retired Intelligence Bureau official, by one more day. CBI informed the court that an Additional Solicitor General is set to appear on the matter which led to Justice Ashok Menon extending the relief.

Kerala High Court listed the matter for hearing on August 5 and granted interim protection from arrest to former Kerala Police officers RB Sreekumar, S Vijayan and Thampi S Durga Dutt and former- Intelligence Bureau (IB) officer PS Jayaprakash on separate dates. The aforementioned personnel have moved anticipatory bail pleas in the case filed by CBI.

Besides them, 14 others are accused in the matter before the Kerala High Court by the agency for several offences, including criminal conspiracy, kidnapping and fabrication of evidence under the Indian Penal Code in connection with the arrest of a former ISRO Scientist/Director Nambi Narayan in 1994 espionage case. Two Maldivian women - Mariyam Rasheeda and Fouziyya Hassan - were also detained under the '94 scandal.

CBI files status report 

On April 15, the Supreme Court of India had ordered a probe by the Central Bureau of Investigation (CBI) into the 1994 espionage case against former Indian Space Research Organisation (ISRO) scientist Nambi Narayanan and to file a report in 3 months. 

Pursuant to SC's order, the CBI filed a status report for the case of Nambi Narayanan. The apex court bench, headed by Justice A M Khanwilkar had directed the CBI, to probe the alleged involvement of some Kerala officers in framing the former ISRO scientist for a case of espionage. The Supreme Court also took into account the report submitted by the three-member panel, headed by Justice (Retired) D K Jain, who inquired and gave its report to the top court in a sealed cover in March this year. 

The top court while remarking on the sensitivity of the case said, "The report will remain in a sealed cover and will be given to the CBI authorities to proceed in accordance with the law."

ISRO Spy Case

The ISRO Spy Case surfaced after the Kerala police had registered two cases in October 1994, after Maldivian national Rasheeda was arrested in Thiruvananthapuram for allegedly obtaining secret drawings of ISRO rocket engines to sell to Pakistan. Following that, three individuals were arrested in connection with the case - then ISRO director Nambi Narayanan, then ISRO deputy director D Sasikumaran and Fousiya Hasan. Three months later in 1995, when Narayanan was released on bail, he had approached the National Human Rights Commission seeking compensation from the Kerala government, for the mental agony that he had suffered in the process. The CBI later dismissed the allegations against him as false.

The SC termed the police action against the former ISRO scientist as "psycho-pathological treatment". It further said that his "liberty and dignity", basic to his human rights, were jeopardised as he was taken into custody and, eventually, despite all the glory of the past, he was compelled to face "cynical abhorrence". The SC appointed a three-member panel headed by former judge D K Jain, while the Kerala government was directed to give Narayanan a compensation of Rs 50 lakh, as he underwent "immense humiliation”. 

Over a period of almost two-and-a-half years, the panel headed by Justice (retd) D K Jain examined the circumstances leading to the arrest. The 79-year-old former scientist, who was given a clean chit by the CBI, had earlier said that the Kerala police had 'fabricated' the case and the technology he was charged with having stolen and sold in the 1994 case did not even exist at that time. Narayanan then approached the apex court against a Kerala High Court judgment that said no action needed to be taken against Mathews and two retired Superintendents of Police K K Joshua and S Vijayan, who were later held responsible by the CBI for the scientist's illegal arrest.