Court orders further probe into role of 2 officials in Antrix-Devas case

The court observed that although the CBI filed a chargesheet in 2016, the material on record required closer scrutiny and further investigation was required with respect to the role and conduct of Das and Nadadur, and the recovery of the documents.

At the same time, the court clarified that it was not expressing any view on whether the two officials were criminally involved, but only that their role in the chain of events leading to the case required fresh inquiry.

The Antrix-Devas deal, signed in 2005, involved Antrix Corporation, the commercial arm of ISRO, leasing out S-band transponders of GSAT-6 satellites to Devas Multimedia for 12 years at a cost of $144 million.

The S-band is a restricted spectrum that is reserved for strategic uses and the transaction was later annulled amid allegations of irregularities.

Rao, represented by advocate Chirag Madan, argued that the CBI investigation ignored key facts and allowed those responsible to go unexamined, while wrongly implicating her. Her plea emphasised that both Das and Nadadur were closely involved in the evolution of the agreement from 2003 onwards, but failed to disclose critical details to the Space Commission and the Centre.

The application pointed out that Das, as then Member (Finance) and later member of the Space Commission, attended crucial meetings where the MoU between Forge Advisers and Antrix was signed, the joint venture proposal for Devas was approved in principle and the eventual contract was discussed.

Despite this knowledge, it was alleged that he did not disclose the existing Antrix-Devas arrangement when approving the construction of GSAT-6 or while forwarding the Cabinet note for clearance.

His statement under Section 161 of the CrPC, where he admitted awareness of the contract but claimed sufficient information was already placed before the Space Commission, was cited as grounds for deeper scrutiny.

As for Nadadur, Rao argued that he too was aware of the Devas arrangement while serving as Joint Secretary and later as CVO of the Department of Space. He was a member of the Shankara Committee, which had considered the feasibility of the joint venture in 2004 and received detailed communications from Antrix, outlining the terms of the agreement.

Yet, when processing the draft cabinet note in 2005, he allegedly concealed this information. As CVO, he was accused of failing to report to the Central Vigilance Commission that the satellite capacity had already been committed to Devas, thereby violating his mandate.

The court has given the investigating officer liberty to examine the role of any other accused against whom incriminating material may surface. It has also directed that the supplementary probe be completed expeditiously, preferably within two months.

Importantly, the judge clarified that the fresh inquiry will not stall the ongoing arguments on charge against the existing accused.