Case Type: Civil Appeal
Case No: 6637-6638 of 2018
Appellants: S. Nambi Narayanan
Respondents: Siby Mathews & Others Etc
Decided On: 14.09.2018
Statues Referred: Constitution of India
Case Referred:
- K. Chandrasekhar v. State of Kerala and others
- Japani Sahoo v. Chandra Sekhar Mohanty
- D.K. Basu v. State of W.B
Bench: Dipak Mishra (CJ), A.K. Khanwilkar, D.Y. Chandrachud, JJ.
Facts:
The feign espionage case against the top scientist of ISRO, S. Nambi Narayanan, dates back to 1994 which blew up the rocket scientist’s profession. In Nov, 1994 Nambi Narayanan along with 4 other scientists were arrested on the ground of selling secret documents of ISRO rocket engines to Pakistan.
After being arrested Mr.Narayanan was produced before the single learned Judge, whereafter he was remanded to 11 days of judicial custody. Consequent to the request of Govt. of Kerala and Govt. of India, the investigation was transferred to the Central Bureau of Investigation (CBI).
Upon the investigation, the CBI submitted a report to the Chief Judicial Magistrate (CJM), Ernakulam, U/S 173(2), CrPc asserting that the evidence indicated that the allegation of espionage against the scientist at ISRO, were not proved and were false. In Jan, 1995 the scientist were released on bail.
The CBI report exonerated the all the accused scientist. In the report, CBI contented that Sh. Siby Mathew, the head of SIT miserably failed to take adequate steps either in regard to meticulous investigation of the accused or for verification of the alleged disclosure by the accused person.
The State of Kerala refrained from taking any disciplinary action against the erring police officer of SIT, by order dated 29.06.2011. But the learned Judge of Kerala High Court quashed the order dated 29.06.2011.
The matter was then appealed to the division bench of the Kerala High Court, which upheld the decision of the Kerala Government of not taking action against the erring police officer. And the said order was assailed in this case before the Supreme Court.
Issue:
Whether the order of the Kerala Government to spurn disciplinary action against the erring Police Officer (SIT), was correct or not.
Whether the decision of the High Court sustaining the Kerala Government order was correct or not.
Is the appellant entitled to compensation for the catastrophic effect upon his service at ISRO as scientist and the devastation caused to the peace of his entire family.
Ratio decedendi:
The CBI report expounded that Nambi Narayan or the other accused Sasi Kumaran were not involved in passing of information to any third party, hence the allegation were found to be false.
A committee of senior scientist was constituted to explore that whether any classified document of ISRO were stolen or missing and the report of which was negative. Hence the Court adjudicated that no further investigation in the purported espionage case was required.
The Court upheld that the prosecution initiated by the State Police was malicious and ended up in causing grave and immeasurable anguish to the appellant. The criminal law was set in motion without any bedrock. The liberty and dignity of the appellant which are basic to human rights were jeopardize.
The appellant was forced to cynical abhorrence despite glorious past. Such situation invites the compensation for violation of the fundamental rights envisaged in Article 21 of the Constitution.
What really matters is the subjection of the appellant to the mental agony within the four walls of the police station or lock-up and not upon any bodily pain.
The law demands the police to be carefully fair to the offender and the magistracy to ensure fair trail. Both the Police and the Magistracy are complimentary to each other. Even when a offender is arrested the police must borne in mind that the constitutional/fundamental rights of the offender should not be violated.
Based upon such principle matrix the Court held that the lackadaisical attitude of the police subjected the appellant to the ignominy. The court was convinced that compensation had to be awarded without any scintilla of doubt.
Obiter dicta:
“Reputation of an individual is an insegregable facet of his right to life with dignity. Reputation which is not only the salt of life, but also the purest treasure and the most precious perfume of life. It is extremely delicate and a cherished value this side of the grave. It is a revenue generator for the present as well as for the posterity”.
“The dignity of a person gets shocked when psycho-pathological treatment is meted out to him. A human being cries for justice when he feels that the insensible act has crucified his self-respect”.
Judgment
The Apex Court’s bench comprising of Dipak Mishra (CJ), A.K. Khanwilkar, D.Y. Chandrachud, JJ held the following:
To compensate the agony by which the epitome of life and liberty U/A 21 of the Constitution was withered away, hon’ble Court directed the Kerala Government to pay a sum of 50 lakh as compensation to the appellant.
The said amount was ordered to be paid within eight weeks by the State.
The Court also advised the appellant to proceed with civil suit wherein the appellant has claimed more compensation.
The Court was convinced upon the respondent’s impulse that the award of compensation was not the remedy in the present case and the responsible authorities should face legal consequences.
Therefore suggested that a committee be constituted to take appropriate steps against the erring police officer. Hence the Court did not directly adjudicate upon the order of Kerala Government and the High Court affirmation on such order.
A committee headed by D.K. Jain (former Supreme Court Judge) was directed to be constituted consisting of such other officer as nominated by the Central and State Government. The Committee shall meet and function from Delhi. The Cost required for the discharge of its requisite function shall be borne by the Central Government.
Hence, the appeal was allowed.
Conclusion:
The case has still long mile to cover. Awarding monetary compensation is a trivial achievement for Nambi Narayanan. No amount of compensation can bring back the glorious history of the ace scientist of ISRO.
Taking into consideration the project regarding the cryogenic fuel based engines (highly essential for space programme),the setback that country suffered due to pestering of Nambi Narayanan and the conspiracy involved therein, can never be proportional to be the compensation. While Nambi’s career, honour, family peace was shattered, the person who was means to his destruction is unscathed.
Kaushal Agarwal.