SC ordered investigation against police officers for falsely implicating ISRO scientist in espionage case.

Extract from the Supreme court Judgment :

The exposé of facts very succinctly put is that on 20.01.1994, Crime No.225/94 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. The investigation of the case was conducted by one S. Vijayan, the respondent no. 6 herein, who was the then Inspector, Special Branch, Thiruvananthapuram.

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, including the appellant herein, 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.

CIVIL APPEAL NOS. 6637-6638 of 2018
S. Nambi Narayanan …Appellant(s)
Siby Mathews & Others Etc. …Respondent(s)

it is held

“If the obtaining factual matrix is adjudged on the aforesaid principles and parameters, there can 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. 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”.

We think that the obtaining factual scenario calls for constitution of a Committee to find
out ways and means to take appropriate steps against the erring officials. For the said purpose, we constitute a Committee which shall be headed by Justice D.K. Jain, a former Judge of this Court. The Central Government and the State Government are directed to nominate one officer each so that apposite action can be taken. 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. Justice D.K. Jain shall be the Chairman of the Committee and the Central Government is directed to bear the costs and provide perquisites as provided to a retired Judge when he heads a committee. The Committee shall be provided with all logistical facilities for the conduct of its business including the secretarial staff by the Central Government”.

24 years after Nambi Narayanan was wrongfully arrested in the Indian Space Research Organisation espionage case, space scientist he was on Friday awarded Rs 50 lakh as compensation by the Supreme Court for suffering ‘immense humiliation’ at the hands of the Kerala police whose action was dubbed by the court as ‘psycho-pathological treatment’.

Read the full judgment


Categories: CIVIL