RAJENDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Chief Judicial Magistrate, Ernakulam, accepted the report submitted by the Central Bureau of Investigation, hereinafter called the 'CBI', in what is known as ISRO Espionage case, and discharged six accused persons under S.173(4) of the Criminal Procedure Code.

(2.) Petitioners are the convenor of Bharathiya Janatha Party's Legal Cell, Kerala State, Secretary of All India Lawyers' Unit, Ernakulam District Committee, and a retired Asst. Central Intelligence Officer Gr. I respectively. They are aggrieved by the report of the CBI, and the order of the learned Chief Judicial Magistrate and they have come up before this Court invoking Art.226 and 227 of the Constitution of India and S.397 and 401 of the Code. They are also seeking a direction to the State of Kerala to order reinvestigation of Crime No. 246 of 1994 of Vanchiyoor Police Station and to entrust the investigation with top officers of the Kerala Police and higher officers of Central Intelligence Bureau, Research Wing.

(3.) On the basis of a written compliant filed by one Vijayan, Inspector, Special Branch, Crime No. 246 of 1994 was registered at the Vanchiyoor Police Station, Thiruvananthapuram, on 13.-11.1994 against Fauziya Hussain and Mariyam Rasheeda under S.3 and 4 of the Official Secrets Act, 1923 read with S.34 IPC for charges of espionage. Crime was detected on 20.10.1994 while questioning Mariyam Rasheeda, a foreign national, in Crime No. 225 of 1994 relating to her unauthorised overstay in India. During the course of examination, it was revealed that Fauziya Hussain and Mariyam Rasheeda in collusion with some others, both Indians and foreigners, have involved in actions prejudicial to the sovereignty and integrity of India.