The Supreme Court at present put aside anticipatory bail granted to 4 accused, together with a former Director General of Police (DGP), in a case of the alleged frame-up of scientist Nambi Narayanan within the 1994 ISRO espionage matter. The courtroom has remanded the matter again to the Kerala excessive courtroom for recent consideration of the anticipatory bail pleas of the accused on a person foundation.
A bench of Justices M R Shah and CT Ravikumar additionally directed the Central Bureau of Investigation (CBI) to not arrest the 4 accused for 5 weeks.
“All these appeals allowed. Impugned orders granting anticipatory bail passed by high court are quashed and set aside. All matters are remitted back to the high court to be decided afresh on its own merits. This court had not observed anything on merits for either of the parties,” the bench stated.
“It is ultimately for the high court to pass orders. We request the high court to decide the anticipatory bail applications at the earliest preferably within four weeks from date of this order,” it stated.
The Central Bureau of Investigation, based mostly on the Supreme Court order in 2018, had registered case towards former Gujarat DGP RB Sreekumar, two former cops of Kerala — S Vijayan and Thampi S Durga Dutt, and a retired intelligence official P S Jayaprakash who investigated the position of Nambi Narayanan.
The officers moved the Kerala excessive courtroom searching for anticipatory bail which was granted by the courtroom.
The CBI challenged the order within the Supreme Court. The probe company questioned how the excessive courtroom clubbed the matter collectively as a substitute of listening to the case individually. Based on the deserves of particular person instances, the courtroom might have granted the accused bail, the probe company argued.
Agreeing the probe company enchantment, the Supreme Court bench has now requested the Kerala excessive courtroom for recent consideration of the anticipatory bail pleas on particular person foundation.
The case, which had hit the headlines in 1994, was framed based mostly on allegations of switch of sure confidential paperwork on India’s area programme to overseas international locations by two scientists and 4 others, together with two Maldivian girls.
Nambi Narayanan, who was given a clear chit by the CBI, had earlier alleged the Kerala police had “fabricated” the case and the expertise he was accused to have stolen and bought within the 1994 case didn’t even exist at the moment.
The CBI had stated the then prime police officers in Kerala had been answerable for Narayanan’s unlawful arrest.
The prime courtroom had on September 14, 2018 appointed a three-member committee whereas directing the Kerala authorities to offer Rs 50 lakh compensation to Nambi Narayanan for his “immense humiliation”.
Terming the police motion towards the ex-scientist of the Indian Space Research Organisation (ISRO) “psycho-pathological treatment”, the highest courtroom had in September 2018 stated his “liberty and dignity”, fundamental to his human rights, had been jeopardised as he was taken into custody and, finally, regardless of all of the glory of the previous, was compelled to face “cynical abhorrence”.