http://www.keralaexpo.in/post/2014/10/2 ... yanan.aspx
Very happy with HC order, says Nambi Narayanan
21 OCTOBER 2014, 05:39 AM BY VJP 0 COMMENTS
Kochi: In a blow to the state government, the Kerala High Court on Monday quashed the order dropping action against former Additional DGP Siby Mathews and two others who investigated the ISRO espionage case initially saying the conduct of the government 'has not been above board'.
The high court directed the state government to reconsider the decision exonerating the officials to set everything right.
Allowing the petition filed by Nambi Narayanan, former ISRO scientist and an accused in the case, Justice A.V. Ramakrishna Pillai remitted the matter back to the government for reconsideration and issuing formal orders within 3 months.
Speaking to Manorama News, Nambi Narayanan said that he is very happy with the HC quashing the government order.
"The ones behind this case were influential enough to keep this one pending when the both UDF and LDF ruled the state," he said.
The court made it clear that 'the course of action to be taken was left open to the government but it shall not be namesake making adminstrative justice a mockery'.
The judge in his 57-page order said the state government, which was 'enthusiastic' in withdrawing the case from CBI and handing it over to state police, had not taken note of the lapses in invesitgation by Kerala Police 'seriously', as could be seen from the records.
"The kind of seriousness as expected from a welfare state was not shown by the state. The conduct of the state was not above board. It does not confirm with the known pattern of a responsible government bound by rule of law',the court held.
To set everything right, the government should reconsider the decision to exonerate the three officers in the SIT, it said.
Rejecting the argument that Kerala police are investigating over one lakh IPC cases a year, the court said this is not a 'valid reason' for a person like Siby Mathews, who led the SIT team, to justify the irreregularities pointed out in the investigation.
"The duty of an investigating agency is not merely to bolster up a prosecution case but to bring out the real untarnished truth'. The judge said while the SIT failed in that, CBI has done that.
Nambi Narayanan had approached the court in December 2012 seeking initiation of criminal and disciplinary action against Siby Mathews, and two retired Superintendents of police – Joshua and S. Vijayan who were held responsible by CBI for his illegal arrest.
The senior scientist was accused of being involved in the espionage case but was later discharged.
CBI had recommended action against the three SIT officials 15 years ago but action had not yet been taken against them.
The Judge pointed out that the SIT investigated the case for less than 20 days. But it appears from the note, said to have been sent by CBI, that within that short time, 'enough damage had been done'.
The court said it was of the 'definite view' that the commission and ommission made should not have occurred during the course of fair investigation.
As a scientist of ISRO, Narayanan, along with other scientists, has made contribution in developing the Mangalyan satellite launch vehicle.
'While the spacecraft in the orbit rounds the Mars, the petitioner, Narayanan, continues his fight for justice', the court observed.
In 2011, government decided to exonerate the members of the SIT and recommended dropping of all action against them. This was recorded by the high court in an earlier PIL.
Courtesy:
http://english.manoramaonline.com/news/ ... yanan.html
Subsequently, government's action was challenged by Nambi Narayanan. The matter was heard six months ago and the judgement was delivered on Monday.
The espionage charges surfaced with the arrest of a Maldivian national Mariam Rasheeda at Thiruvananthapuram in October 1994. Another ISRO scientist, two Bangalore-based bussinessmen and another Maldivian woman were the accused in the case.
The Ernakulam Chief Judicial Magistrate court had in 1996 exonerated all acused on the basis of a CBI report which had concluded there was no evidence to prove the espionage charge against the accused and hence they should be exonerated.
However, in June 1996, the state government ordered a reinvestigation into the case. Though the High Court had upheld the government order, the Supreme Court quashed it in 1998.
The apex court had criticised the government for ordering yet another investigation by the state police after the CBI probe found that the allegations were false and the magistrate court ordered the release of all the accused.