S. NAMBI NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, a former Scientist of the Indian Space Research Organisation (ISRO) who has orbited the sun 74 times (it appears from record that he is aged 74 years now) continues his fight for justice with this writ petition for quashing Ext. P2 (G.O. (Rt) No. 1923/2011/Home dated 29.06.2011) by which, the State Government has decided not to take any action against respondents 4 to 6, who investigated ISRO espionage case at the early stage of investigation. The petitioner alleges that Ext. P2 has added insult to his injury, as he lost not only his career, but also a considerable span of life, his savings, honour, academic work as well as self esteem through a witch -hunt commonly called 'ISRO spy case'.

(2.) THE case cropped up in October, 1994 with registering of Crime No. 225/94 on 20.10.1994 of Vanchiyoor Police Station, Thiruvananthapuram against one Mariayam Rasheeda, a Maldivian national under Section 14 of the Foreigners Act, 1946 and Section 7 of the Foreigners Order, 1948. Investigation of the case was taken by the 6th respondent who was the then Inspector, Special Branch, Thiruvananthapuram. Mariayam Rasheeda was arrested on 20.10.1994 and she was sent to judicial custody on 21.10.1994. Her custody was obtained by the Police on 03.11.1994. Allegedly, during interrogation, she made certain 'confessions' which led to the registration of Crime No. 246/1994 of Vanchiyoor Police Station on 13.11.94 followed by the arrest of D. Sasikumaran, a Senior Scientist of ISRO, K. Chandrasekhar, a representative of Russian Space Agency Glavkosmos in India, the petitioner herein, one Fauzia Hassan, known as Rasheeda's handler and one S.K. Sharma, a Bangalore based Labour contractor.

(3.) THE cases were handed over to C.B.I. during the first week of December, 1994. During December itself, the C.B.I. questioned the then I.G. Of Kerala Police Mr. Raman Srivastava. By this time, the issue had become a political controversy within the then ruling party of the State. During March, 1995, the then Chief Minister was forced to step down. After investigation, the 3rd respondent submitted a report before the Chief Judicial Magistrate (CJM), Ernakulam under Section 173(2) of Cr.P.C. which was accepted by the court as per Ext. P3 order dated 02.05.1996 and all the accused were discharged cancelling the bail bond executed by them.