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SUPREME COURT OF INDIA
Dipak Misra, CJI., A. M. Khanwilkar, D.Y. Chandrachud, JJ.
S. Nambi Narayanan – Appellant(s)
VERSUS
Siby Mathews & Others Etc. – Respondent(s)
CIVIL APPEAL NOS. 6637-6638 of 2018
Decided On : 14-09-2018
(1998) 5 SCC 223; (2012) 7 SCC 288; (1991) 4 SCC 406; (2006) 3 SCC 178; (2012) 1 SCC 748 – Relied upon
(2007) 7 SCC 394; (1994) 1 SCC 616 – Referred
(b) Torture – Emphasis should be on mental agony when a person is confined within a police station or lock up – There may be mental torment without infliction of physical pain. (Para 33)
(1997) 1 SCC 416; (1994) 4 SCC 260; (1989) 1 SCC 494 – Relied upon
217 Ala. 16 (Ala. 1927) – Referred
Facts of the case:
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.
Mariam Rasheeda was arrested and sent to judicial custody on 21.10.1994. Her custody was obtained by the Police on 03.11.1994 and she was interrogated by Kerala Police and Intelligence Bureau (IB) officials. Allegedly, on the basis of certain ‘confessions’ made by Mariam Rasheeda Crime No. 246/1994 was registered under Sections 3 and 4 of the Indian Official Secrets Acts, 1923, alleging that certain official secrets and documents of Indian Space Research Organisation (ISRO) had been leaked out by scientists of ISRO.
Another Maldivian National Fousiya Hasan along with Mariam Rasheeda was arrested in Crime No. 246/1994. Investigation of both the cases was taken over by the Special Investigation Team (SIT) headed by one Mr. Siby Mathews, respondent no. 1 herein, who was the then D.I.G. Crime of Kerala Police. On 21.11.1994, Sri D. Sasikumaran, a scientist at ISRO, was arrested and on 30.11.1994, S. Nambi Narayanan, the appellant herein, was arrested along with two other persons. Later, on 04.12.1994, consequent to the request of the Government of Kerala and the decision of the Government of India, the investigation was transferred to the Central Bureau of Investigation (CBI), the respondent no. 4 herein.
The CBI submitted a report before the Chief Judicial Magistrate (CJM), Ernakulam stating that the allegations of espionage against the scientists at ISRO, including the appellant herein, were not proved and were found to be false. All the accused were therefore discharged.
On 27.06.1996, the State Government of Kerala, being dissatisfied with the CBI report, issued a notification withdrawing the earlier notification issued to entrust the matter to CBI and decided to conduct re-investigation of the case by the State Police. The notification was upheld by the High Court of Kerala.
The appellant herein, moved the Supreme Court and the Court quashed the notification of the State of Kerala for re-investigation and consequently, all accused were freed of charges.
Even after disposal of the case by Supreme Court, the State of Kerala did not take any action against the erring police officers.
In the year 2001, the National Human Rights Commission ordered a compensation of Rs.10,00,000/- (Rupees ten lakhs only) as interim relief to the appellant, who had sought Rs.1,00,00,000/- (Rupees one crore only) as damages. A division bench of the Kerala High Court, vide order dated 07.09.2012, asked the Government to pay the interim relief of Rs. 10,00,000/- (Rupees ten lakhs only) within three weeks of the said order.
The appellant filed another writ petition before the Kerala High Court. The learned Judge of the High Court of Kerala, allowed the writ petition and quashed the order dated 29.06.2011 passed by the State of Kerala whereby the Kerala Government had decided not to take any disciplinary action against the members of the SIT (erring police officers) and consequently remitted the matter to the State of Kerala, the respondent no. 2 herein, for reconsideration and passing further orders within three months. Though the learned single Judge left it open to the State of Kerala to decide on the course of action to be taken in the matter, yet it was categorically mentioned that the reconsideration of the matter should not just be a namesake which will make the administration of justice a mockery.
The Division Bench of the High Court of Kerala whereby it has overturned the decision of the learned single Judge.
Finding of the Court:
Appellant deserves to be compensated suitably. Suitable action should be taken against the erring police officials.
Result: Appeals allowed.
JUDGMENT
Dipak Misra, CJI.
The appellant, a septuagenarian, a former Scientist of the Indian Space Research Organisation (ISRO), has assailed the judgment and order passed by the Division Bench of the High Court of Kerala whereby it has overturned the decision of the learned single Judge who had lancinated the order of the State Government declining to take appropriate action against the police officers on the grounds of delay and further remitted the matter to the Government. To say the least, the delineation by the Division Bench is too simplistic.
2. 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.
3. Mariam Rasheeda was arrested and sent to judicial custody on 21.10.1994. Her custody was obtained by the Police on 03.11.1994 and she was interrogated by Kerala Police and Intelligence Bureau (IB) officials. Allegedly, during interrogation, she made certain ‘confessions’ which led to the registration of Crime No. 246/1994, Vanchiyoor Police Station on 13.11.1994 under Sections 3 and 4 of the Indian Official Secrets Acts, 1923, alleging that certain official secrets and documents of Indian Space Research Organisation (ISRO) had been leaked out by scientists of ISRO.
4. Another Maldivian National Fousiya Hasan along with Mariam Rasheeda was arrested in Crime No. 246/1994. On 15.11.1994, investigation of both the cases was taken over by the Special Investigation Team (SIT) headed by one Mr. Siby Mathews, respondent no. 1 herein, who was the then D.I.G. Crime of Kerala Police. On 21.11.1994, Sri D. Sasikumaran, a scientist at ISRO, was arrested and on 30.11.1994, S. Nambi Narayanan, the appellant herein, was arrested along with two other persons. Later, on 04.12.1994, consequent to the request of the Government of Kerala and the decision of the Government of India, the investigation was transferred to the Central Bureau of Investigation (CBI), the respondent no. 4 herein.
5. 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.
6. That apart, in the said report, addressed to the Chief Secretary, Government of Kerala, the CBI, the respondent no. 4 herein, had categorically mentioned:-
“Notwithstanding the denial of the accused persons of their complicity, meticulous, sustain and painstaking investigations were launched by the CBI and every bit of information allegedly given by the accused in their earlier statement to Kerala Police/IB about the places of meetings for purposes of espionage activities, the possibility of passing on the drawing/documents of various technologies, receipt of money as a consideration thereof etc., were gone into, but none of the information could be substantiated.”
7. The CBI in its report, as regards the role of the respondent no.1 herein, went on to state:-
“I, Sh. Siby Mathew was heading the Special Investigation Team and was, therefore, fully responsible for the conduct of investigation in the aforesaid two cases. Investigation conducted by the CBI has revealed that he did not take adequate steps either in regard to the thorough interrogations of the accused persons by Kerala Police or the verification of the so called disclosure made by the accused persons. In fact, he left the entire investigation to IB surrendering his duties. He ordered indiscriminate arrest of the ISRO scie
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