The 'spy' who refused to let the trail go cold

For 24 years, renowned space scientist S Nambi Narayanan nursed a grudge against the officers of Kerala Police who framed him in a false case involving espionage. Not anymore.

On Friday, the Supreme Court, on a petition by Narayanan, ordered a judicial probe into the misdeeds committed by the erring police officers. The court also laid down a precedent by directing the Kerala government to pay a hefty compensation of Rs 50 lakh to the retired scientist for the mental agony and trauma suffered through the years. In the past, Narayanan had been awarded a sum of Rs 10 lakh by the National Human Rights Commission (NHRC).

While no amount of money will be enough to remove the scars that remain etched in the mind of 77-year old Narayanan, the message given out by the court is significant. On being convinced that the arrest and harassment of the retired scientist was "unnecessary", the bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud fastened accountability on the state for carrying out a false prosecution against an innocent citizen. But more alarming was the court order directing a probe against the officers who carried out this duty on behalf of the state.

The bench said, "...To compensate the suffering, anxiety and the treatment by which the quintessence of life and liberty under Article 21 of the Constitution withers away, we think it appropriate to direct the State of Kerala to pay a sum of Rs 50 lakhs towards compensation to the appellant (Narayanan)." This amount was directed to be deposited in eight weeks. For further compensation, Narayanan's lawyer C Unnikrishnan told DNA that a civil suit is pending before a Kerala court where he has demanded Rs one crore with interest.

The judicial probe committee will be headed by former Supreme Court judge Justice DK Jain and one representative each from central and Kerala government. The Committee will hold sittings in Delhi or even in Kerala. The committee will examine the role of the SIT members and even fix liability on their individual roles in harassing Narayanan.

The order of the court will hit the then Deputy Inspector General (DIG) Crime Siby Mathews of Kerala Police, who headed the Special Investigation team (SIT) which probed the case against Narayanan. He later retired as the Kerala DGP. The other officers assisting him in the SIT were S Vijayan, then Inspector, Special Branch, and KK Joshua, both who were party to Narayanan's petition in Supreme Court. They had arrested Nambi Narayanan on November 30, 1994 and subjected him to torture in custody.

The former scientist had maintained throughout that the criminal machinery was misused to frame him. He stood vindicated when the case stood transferred from the state police to the Central Bureau of Investigation (CBI) in December 1994. After 18 months of probe, CBI submitted that the case was fabricated against Narayanan and another scientist D Sasikumaran, both employees of Indian Space Research Organization (ISRO). On this report, the trial court in May 1996 discharged both accused. A month later, the Kerala government decided to reinvestigate the case using its state police. This order was challenged by Narayanan in the Supreme Court which quashed the state's decision.

There was a quietus in this case till in 2010, a person, unrelated to the case approached the Kerala High Court with a demand to prosecute the police officers involved in framing the two scientists. But in the meantime, the state government came out with a notification on June 29, 2011, announcing that no disciplinary action shall be initiated against the members of SIT, which probed against the two ISRO scientists. But the Kerala HC set aside this notification. The aggrieved police officers then knocked the doors of the high Court. The order by the HC came in March 2015 where the choice was left to the state government to prosecute or spare the police officers. While the state and the police officers heaved a sigh of relief, Narayanan took his fight to the Supreme Court challenging the HC decision.

Disposing Narayanan's petition, the CJI-headed bench said, "The entire prosecution initiated by the State police was malicious and it has caused tremendous harassment and immeasurable anguish to the appellant (Narayanan)."

The Espionage

• A senior scientist with ISRO, Nambi Narayanan was arrested by Kerala police on allegations of selling secrets to Pakistan along with his colleague D Sasikumar in 1994
• Now 77, Nambi fought for justice even after the case against him fell flat and was discharged by the court in May 1996
• In 2015, Nambi had moved the SC seeking criminal action against cops who framed him and asked to be compensated