ISRO case: Panel report can't be basis for prosecution, CBI to probe and proceed as per law, says SC

New Delhi, July 26

The Supreme Court on Monday said the report filed by a committee headed by its former judge Justice DK Jain (retd) regarding role of erring police officials in the 1994 espionage case relating to ISRO scientist Nambi Narayanan cannot be the basis for prosecution and the CBI has to probe and collect material in the FIR lodged by it.

Narayanan, 79, had been acquitted in the matter and was eventually awarded Rs 50 lakh compensation by the apex court.

The CBI, which has registered an FIR in the matter, had to investigate and proceed as per law, the apex court said.

“They (CBI) cannot proceed against you (accused) on the basis of the report only. They have to investigate, collect material and then proceed as per law. Ultimately, it is the investigation which will be done. Report cannot be the basis of your prosecution,” a bench of Justices AM Khanwilkar and Sanjiv Khanna said.

The bench said this during the hearing after an advocate, appearing for one of the accused, requested that the committee’s report be shared with them as the CBI had relied heavily on it.

“Nothing will turn on the report. The report is only initial information. Ultimately, the CBI will conduct investigation which will have the consequences,” the bench said.

The espionage case, which had hit the headlines in 1994, pertained to allegations of transfer of certain confidential documents on India’s space programme to foreign countries by two scientists and four others, including two Maldivian women.

The CBI, in its probe, had said that the then top police officials in Kerala were responsible for Narayanan’s illegal arrest.

The case also had its political fallout, with a section in the Congress targeting the then chief minister late K Karunakaran over the issue, that eventually led to his resignation.

Over a period of almost two-and-a-half years, the panel headed by Justice Jain examined the circumstances leading to the arrest. PTI