No End In Sight

TWO years after the scandal came to light, the spy case involving scientists of the Indian Space Research Organisation (ISRO), the country's premier space research agency, continues to simmer in a cauldron of legal contentions. The case, which the Central Bureau of Investigation (CBI) had declared closed due to 'lack of evidence', was brought into focus yet again when Justice K.S. Radhakrishnan of the Kerala High Court stayed the May 2 order of the Chief Judicial Magistrate (CJM) of Ernakulam on July 18, discharging all the six accused in the case and accepting the CBI's closure report. The high court ruling came close on the heels of the state government's decision to reopen the case.

Simultaneously, the high court directed the CBI and the CJM's court not to return documents relating to the case to concerned parties until the criminal revision petition filed by S. Vijayan, first informant in the case and now deputy superintendent, Narcotic Regional Control Bureau, has been disposed.

While admitting Vijayan's petition, the judge dismissed three other public interest petitions filed by the convenor of the BJP legal cell, Kerala; the secretary of the pro-CPI(M) All-India Lawyers Union, Ernakulam and a retired Intelligence Bureau official, Mr Viswambharan. The petitions were filed after the CJM acquitted the two ISRO scientists, Nambi Narayanan and D. Sasikumaran, the two Maldivian women, Mariam Rasheeda and Fouzia Hassan, as well as the two Bangalore-based businessmen, K. Chan-drasekhar and S.K. Sharma.

All the petitioners questioned the CBI's closure of the case on three counts: loose ends remained to be tied up despite the CBI'S investigation; the CJM had committed a grave error in not issuing notice to the first informant before dropping the proceedings under Sections 173 of the CrPC; and there was "dishonest intention" on the CBI's part to help the accused.

The judge upheld the CBI's contention that the petitioners had no locus standi and that the case as projected by them was "not of extraordinary nature to be interfered with by the high court". He also rejected allegations of malafide against the CBI as no material was submitted to substantiate the charge. As regards Vijayan's petition, the court would decide whether he was entitled to be the first informant within the purview of Section 154 of the CrPC and as such get a notice of the CJM's order.

Though the CBI contends that Vijayan is not the first informant, Advocate-General M.K. Damodaran submits otherwise. He also points out that the state has decided to take a second look at the case and issued notifications on June 27 and July 8 to this effect. On this matter, the petitioners stand "redressed", maintained the judge.

The July 8 notification, in fact, euphemistically redefines the probe as a "further investigation" into the spy case rather than a "reinvestigation". The change in terms has been adopted to avoid legal complications arising out of issuing a "reinvestigation" when the CBI has already completed an investigation.

The Left Democratic Front (LDF) government's stand on the case, as spelt out by its leaders, is that the scandal was hushed up because it threatened to implicate a son of P.V. Narasimha Rao. The LDF had included the reopening of the case in its poll promise. Indeed, the decision to ignore the CBI conclusions was officially communicated by none other than Chief Minister E.K. Nayanar. The spy scandal had been the subject of much controversy and accusing fingers had been pointed towards the Intelligence Bureau (IB) and the state police for jumping the gun and conjuring up a case of spying. The local media was also criticised for branding ISRO scientists Nambi Narayanan and D. Sasikumaran as spies. The accused had heaved a sigh of relief when the CBI declared the case closed. But their troubles were far from over.

Meanwhile, the state government has appointed T.P. Senkumar, Kochi police commissioner (who has since been promoted to DIG), to investigate the ISRO case. He will work under the additional DGP (crime) who is in charge of the investigation. Senkumar will begin his work once he receives the case diary and other documents which are currently with the CBI, and after the high court has settled the legal issues that are pending before it.

The speed with which the government will move in investigating the case depends on how the Centre reacts to the issue. Union Minister of State for Home, Y.K. Alagh, has ruled out a reopening of the ISRO probe in Parliament. The Nayanar government has said it would ask the Centre to provide help through the IB or the Research and Analysis Wing. But as that seems unlikely, the state government may well decide to go it alone in the end.