Document Fragment View

Matching Fragments

3.3. In Crime No.246 of 1994, Ms.Mariyam Rasheeda and Ms.Fauzia Hassan, another Maldivian National, were arrested. On 15.11.1994, the State Police Chief constituted a Special Investigation Team (SIT) headed by Sri.Siby Mathews (accused No.4), who was the then DIG, Crime Branch of Kerala Police. On 21.11.1994, Sri.D.Sasikumaran, a scientist of ISRO, was arrested. Sri.S.Nambi Narayanan was also arrested on 30.11.1994.
3.4. On 3.12.1994, consequent to the request of the Government of Kerala and the decision of the Government of India, the investigation was transferred to the CBI. After investigation, the CBI submitted a report before the Chief Judicial Magistrate, Ernakulam, under Section 173(2) of the Code of Criminal Procedure in Crime No.246 of 1994, stating that the evidence collected indicated that the allegations of espionage against the scientists of ISRO, including Sri.Nambi Narayanan, were not proved and found to be false. The Chief Judicial Magistrate, in its order dated 2.5.1996, accepted the report submitted by the CBI. In Crime No.225 of 1994, the CBI submitted final report before the Chief Judicial Magistrate alleging offence under Section 14 of the Foreigners Act, 1946. In Crime No.225/1994, Ms.Mariyam Rasheeda was acquitted after trial.

3.11. The Apex Court had requested this Court to finally decide and dispose of the bail applications, preferably within a period of four weeks from the date of receipt of the order dated 2.12.2022. The matter was placed before me on the eve of the Christmas Holidays on 22.12.2022. The arguments were completed on 13.1.2023. The CBI produced the CD files on 17.1.2023.

Prosecution Case

4. All the accused conspired together to falsely implicate Sri.S.Nambi Narayanan, an eminent scientist of ISRO, and others in the espionage case. The accused deliberately leaked the information to the press to create a narrative implicating the scientists of Liquid Propulsion Systems Centre. They arrested the scientists, deliberately suppressed B.A.Nos.5010 of 2021 & the material facts, and tampered with the investigation. They further permitted the unauthorized interrogation of Ms.Mariyam Rasheeda and the scientists by the officials of the Intelligence Bureau. There was a deliberate attempt to remove Sri.S.Nambi Narayanan from the project of Cryogenic Technology for defeating the prestigious mission of ISRO. The respective roles played by each accused 4.1. Sri.S.Vijayan (accused No.1/petitioner No.1 in B.A.No.5109/2021): He wrongfully confined Ms.Mariyam Rasheeda from 13.10.1994 to 20.10.1994 by keeping her passport and Air tickets, thereby preventing her from leaving the country. He falsely implicated Ms.Mariyam Rasheeda in Crime No.225 of 1994 of Vanchiyoor Police Station. Media personnel were brought to the scene when Ms.Mariyam Rasheeda was arrested in Crime No.225 of 1994 in his office at Thiruvananthapuram, projecting her as a spy, thereby he defamed Ms.Mariyam Rasheeda, allowed interrogation of Ms.Mariyam Rasheeda unlawfully by the Intelligence Bureau officials, submitted a false report for registering Crime No.246 of 1994 (espionage case) against Ms.Mariyam Rasheeda and Ms.Fauzia Hassan under the penal provisions of the Official Secrets Act, 1923 which was found to be false and baseless, arrested Ms.Mariyam Rasheeda and Ms.Fauzia Hassan in espionage case, conspired to stall the Cryogenic project of ISRO which B.A.Nos.5010 of 2021 & led to the false implication of Sri.Nambi Narayanan and Sri.D.Sasikumaran in Crime No.246 of 1994.

9.3. No attempt was made either on the part of Sri.Vijayan or Sri.Thampi S Durgadutt to collect the information regarding the kind of friendship maintained by Ms.Mariyam Rasheeda with Sri.D.Sasikumaran. Though the Kerala Police and the IB maintained the stand that Ms.Mariyam Rasheeda was suspectedly involved in espionage activities, no serious attempt appears to have been made by any of the investigating agency. Though the Case Diary and remand application would reveal that the Investigating Agency harboured suspicion that Ms.Mariyam Rasheeda was a spy working with the Maldivian Army and had contacts with Sri.D.Sasikumaran working in the ISRO, no request for police custody was made. The documents recovered from the possession of Ms.Mariyam Rasheeda in Dwivegi language did not suggest any espionage activities relating to PSLV technology or any other technology. On 16.10.1994, after interrogation, the IB Officials informed Sri.Vijayan that they did not suspect anything except that Mr.D.Sasikumaran was a womaniser. Sri.Vijayan disagreed and decided that Ms.Mariyam Rasheeda should be B.A.Nos.5010 of 2021 & examined by the IB and R&AW jointly, indicating that the police officers were taking undue interest in ensuring that Ms.Mariyam Rasheeda should be arrested and should be implicated in some espionage case. In Crime No.246 of 1994 (espionage matter) though police custody of Ms.Mariyam Rasheeda was granted to Sri.Thambi S Durgadutt, she was interrogated by the IB Officials from 4.11.1994 without the involvement of the local police.

9.4. Based on the interrogation report and statement, placed on record by Sri.Vijayan (accused No.1), the Commissioner of Police Sri.V.R.Rajivan directed the Police to register FIR under Sections 3, and 4 of the Official Secrets Act, 1923 without any foundation as the FIR revealed no specific overt act to invoke the provisions of the Official Secrets Act, 1923.

9.5. Even prior to the registration of the crime, the Kerala Police brought in the Central Agencies such as the Intelligence Bureau and R&AW and permitted them to interrogate Ms.Mariyam Rasheeda to ascertain her involvement in espionage without any legal authority and without creating any records on the interrogation. While the IB and other Central Agencies concluded that there was no evidence to show that Ms.Mariyam Rasheeda was connected with espionage activities in relation to VSSC scientists, the Kerala Police did not forego the B.A.Nos.5010 of 2021 & espionage theory and proceeded with the conclusion of criminality in her connection with the VSSC scientists. Though the FIR was registered for the offence punishable under Section 14 of the Foreigners Act, 1946 against Ms.Mariyam Rasheeda wherein it was recorded that she was to be interrogated in the interests of sovereignty and integrity of the country, no police custody of Ms.Mariyam Rasheeda was sought or obtained. Several mandatory procedures were flouted by the Investigating Agencies.