SC tells Kerala: Pay Rs 50 lakh to Isro scientist in '94 spy case

New Delhi: Observing that the reputation of former Isro scientist S. Nambi Narayanan has been tarnished by Kerala police, which arrested him in an alleged 1994 espionage case, the Supreme Court on Friday ordered the state to pay in eight weeks a compensation of Rs 50 lakhs to him for “malicious prosecution”.

Giving this relief to Mr Narayanan, a three-judge Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud also set up a committee headed by former Supreme Court judge D.K. Jain determine the appropriate disciplinary action that could be recommended against the then investigating officers — S. Vijayan, the then Inspector, Special Branch, Thiruvananthapuram city, K.K. Joshwa, the then Dy. SP, CB CID, Thiruvanan-thapuram, S. Siby Methews, the then DIG (Crimes) of the SIT who investigated the case. The bench further clarified that the amount of Rs 50 lakh compensation would be in addition to the Rs 1 crore defamation suit he had filed in a Kerala civil court which is still pending.

It for the scientist to decide whether he wants to pursue the civil suit or not, the court said.

The Bench passed the historic verdict on an appeal filed by Narayanan challenging a 2015 judgment of Kerala high court refusing to order disciplinary action against the erring police officers for falsely implicating him and others in the case.

The CBI, which had earlier taken up the espionage case, had also stated in a report that no case was made out against Naryanan and others.

Instead the central agency, which had taken up the investigation on the request of the state government, had recommended disciplinary action against the erring police officers for malicious prosecution and custodial torture of the eminent scientist.

The CJI who wrote the judgment said, “In the instant case, keeping in view the report of the CBI, suitable compensation has to be awarded, without any trace of doubt, to compensate the suffering, anxiety and the treatment by which the quintessence of life and liberty under Article 21 (personal life and liberty) of the Constitution withers away. We think it appropriate to direct the State a sum of Rs. 50 lakhs towards compensation to the appellant.”

In this case on 20.01.1994, an FIR was registered at Vanchiyoor Police Station against one Mariam Rasheeda, a Maldivian National, under Section 14 of the Foreigners Act, 1946 and paragraph 7 of the Foreigners Order for alleged espionage activities. Subsequently in November the same year cases under the Official Secrets Act in which another Maldivian National Fousiya Hasan, D. Sasikumaran, a scientist and S. Nambi Narayanan, were all arrested. On December 4, 1994, upon a request from the state government the CBI took over the case.

After the investigation, the CBI submitted a report before the Chief Judicial Magistrate (CJM), Ernakulam, under Section 173(2) of Cr.P.C. stating that the evidence collected indicated that the allegations of espionage against the scientists at ISRO and the other accused were not proved and were found to be false. This report was accepted vide court‘s order dated 02.05.1996 and all the accused were discharged.

On 27.06.1996, the State Government of Kerala, being dissatisfied with the CBI report, issued a notification withdrawing the earlier notification issued to entrust the matter to CBI and decided to conduct re-investigation of the case by the State Police.

Narayanan challenged this notification for re-investigation before the high court, which on November 27, 1996 however, upheld the state’s decision to conduct a re-investigation. However, the Supreme Court on an appeal from Narayanan quashed the notification.

The bench said there could be no scintilla of doubt that the appellant, a successful scientist having national reputation, has been compelled to undergo immense humiliation. “The lackadaisical attitude of the State police to arrest anyone and put him in police custody has made the appellant to suffer the ignominy. The dignity of a person gets shocked when psycho-pathological treatment is meted out to him.”

The CJI said “A human being cries for justice when he feels that the insensible act has crucified his self-respect. That warrants grant of compensation under the public law remedy. We are absolutely conscious that a civil suit has been filed for grant of compensation. That will not debar the constitutional court to grant compensation taking recourse to public law. The Court cannot lose sight of the wrongful imprisonment, malicious prosecution, the humiliation and the defamation faced by the appellant.”

While appointing the committee headed by Justice D.K. Jain, for suggesting disciplinary action against the three cops, the apex court asked the central government and the state to nominate one officer each from their respective sides. The Committee shall meet at Delhi and function from Delhi. However, it has option to hold meetings at appropriate place in the State of Kerala, the court said adding Justice D.K. Jain shall be the Chairman of the Committee and the Central Government shall bear all expenses incurred by the committee.