The Central Bureau of Investigation on Monday told the Supreme Court that it has registered a case against various Kerala officials in the 1994 espionage case against former Isro scientist Dr S Nambi Narayanan. The CBI filed the FIR based on the findings of the Justice DK Jain Committe. The agency filed a status report, after the top court ordered a CBI probe in April to investigate the role played by police in framing Narayanan.
On Monday, a bench headed by Justice A.M. Khanwilkar said: "It is mentioned in the report after examining relevant aspect, the FIR has been registered. Now the law has to take its course".
However, the top court said the CBI cannot base its FIR on the basis of Justice DK Jain Committee and directed the agency to initiate an independent probe as per law.
Advocate Amit Sharma, counsel for accused cop DGP Siby Mathews, and advocate Kaleeswaram Raj counsel for another accused submitted that the Justice DK Jain Committee Report has not been shared with the accused. They argued that the refusal by the CBI to share the report is causing prejudice to the accused in availing their statutory remedies and contended that the central probe agency is relying on the report in the FIR.
Solicitor General Tushar Mehta, representing the Centre, informed the top court that the FIR will be uploaded during the course of the day after the bench's order to do the process by today itself. The bench also comprising Justice Sanjiv Khanna noted that the CBI cannot proceed on the basis of the report of a panel headed by former top court judge DK Jain, formed in September 2018, to examine the matter.
On April 15, the top court had ordered a CBI to probe the role of Kerala police officers in framing of Narayanan in a 1994 espionage case. The court had accepted the report submitted by panel headed by former top court judge D K Jain. The top court said the matter is very serious and it requires CBI probe.
The bench had asked the then acting CBI director to take charge of the case and treat the inquiry report given by Justice Jain panel as a preliminary inquiry report to conduct further investigation into the matter and asked the CBI to file status report on its investigation in three months.
The top court had ordered that panel's report should be kept confidential in sealed cover.
(With agency inputs)
