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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:-

“5) Both the CBI and the accused-discharged persons approached the Hon’ble High Court against the action of Government of Kerala. However, the High Court upheld the action of the Government. Against this the CBI and the accused – discharged persons approached the Supreme Court through SLPs against the action of Government of Kerala.
6) In the meantime Government examined the case with reference to the views obtained form the State Police Chief on the observation of the CBI along with the explanation of the officers concerned. After examination it was decided to await the decision of the Hon’ble Supreme Court. The Hon’ble Supreme Court allowed the prayer of the CBI and the accused discharged persons questioning the notification issued by the Government withdrawing the consent given to the CBI to investigate into the espionage case and also to “further investigate” the ISRO espionage case and also directed to give Rs. 1 Lakh each to the accused appellants as cost.

SP, CB CID, Thiruvananthapuram, Shri Siby Methews, the then DIG (Crimes) of the Special Investigation Team who investigated in to the ISRO Espionage case.

8) In the circumstances, Government are of the view that it is not proper or legal to take disciplinary action against the officials for the alleged lapses pointed out in the investigation report of the CBI at this juncture, after the lapse of 15 years and therefore Government decide that no disciplinary action need be taken against the above officials for their alleged lapses in the investigation of the ISRO Espionage case and it is ordered accordingly.”

“10. Though no independent evidence has come on record during the course of local Police/Crime branch investigation about the alleged espionage activities of the accused persons, yet based on the revelations allegedly made by the accused, the module that emerged regarding the espionage activities was that accused Nambi Narayanan and Sasikumaran used to pass on documents drawings of ISRO relating to Viking/Vikas Engine technology, Cryogenic Engine technology and PSLV Flight Data/Drawings and accused Chandersekhar, S.K. Sharma and Raman Srivastava, the then IGP South Zone, Kerala passed on secrets of Aeronautical Defence Establishments, Bangalore. The documents/drawings were allegedly passed on to Mohd. Aslam, a Pak nuclear scientist and Mohd. Pasha/ahmed Pasha for monetory considerations and that the amount running into lacs of US dollars was received andshared by accused Sasikumaran, Chandrasekhar, Nambi Narayanan and Shri Raman Srivastava and that Mohiyuddin, Asstt. Manager of Habib Bank, Male, was one of the persons who was financing the accused. Accused Fauziya Hassan, zuheria, a Maldivian national settled in Colomobo, Mr. Alexi Vassive of Glovkosmos, Russia, and Shri Raman srivastava, worked as conduits. Some of the important meetings which were held for espionage activities and in which the documents were allegedly passed on for a consideration, were held at International Hotel Madras on 24.5.1994, m Bangalore in the mid September and on 23.9.94 at Hotel Luciya, Trivandrum, in which some of the accused as well as said Zuheira and Shri Raman Srivastava, IGP, took part.