The Hindu : Kerala News : High Court moved for fresh probe

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Thursday, Sep 23, 2004

Kerala

Kerala

High Court moved for fresh probe

By Ignatius Pereira

KOLLAM, SEPT. 22. The ghost of the Indian Space Research Organisation (ISRO) espionage case seems all set to make a resurrection.

P.A. Vishwambaran, a former Intelligence Bureau officer who probed the case initially, has moved the Kerala High Court seeking a fresh inquiry by a special investigation team or a judicial inquiry in the case. If his contentions are true, the ghost is likely to haunt the corridors of power all over again.

CJM's verdict

It was on May 2, 1996 that the Chief Judicial Magistrate (CJM), Ernakulam, D. Mohanarajan, on the basis of the Central Bureau of Investigation's final report, gave the verdict on the sensational case in a single sentence: ``Final report is accepted and the accused are discharged.'' That seemed to bring the curtains down on a sensation case that rocked the State for a long time since October 1994. Six persons, two Maldivian woman, two scientists of the ISRO, a top police officer of the State and a representative of a Russian space agency had figured as accused in the case.

But the CBI's final report remains debatable to a section of the officers of those agencies which investigated the case initially. (The case was handed over to the CBI at a later stage). And the logic behind the CBI's conclusion and the CJM's verdict is being questioned before a Division Bench of the Kerala High Court.

The case was initially investigated by the Special Branch of the Kerala police, the Crime Branch of the State and the Intelligence Bureau (IB) before being handed over to the CBI on grounds that it had international ramifications. The IB, the premier Intelligence agency of the country having the expertise to investigate espionage cases, had termed the ISRO espionage case as one of the biggest espionage cases in the history of the country.

CBI investigation

The CBI began its investigations on December 12, 1994 and submitted the final report (104 pages) to the CJM on April 30, 1996. Being May Day, May 1, 1996 was a holiday. What baffles the initial investigating agencies is that the verdict was given the very next working day. It is to get the answers on these aspects that the retired Grade-1 Senior Intelligence Officer (Counter Intelligence Cell) of the IB, P.A. Vishwambaran, has moved the High Court through a writ petition filed under Articles 226 and 227 of the Constitution. Mr. Vishwambaran had headed the investigation in the case on behalf of the IB in 1994.

Mr. Vishwambaran prays for the reopening of the case through a writ of mandamus or direction for a fresh inquiry by a special investigation team or a judicial inquiry in accordance with Section (13) of the Official Secrets Act.

Talking to The Hindu , Mr. Vishwambaran says his plea before the High Court is based on the contention that the findings of the CBI were highly arbitrary, unreasonable and absurd. The basic argument put forth by Mr. Vishwambaran is that the IB still maintains that espionage had taken place and the State police support the IB view. However, the CBI contradicts it. ``Yet, the very report of the CBI has sufficient material to attract the relevant provisions of the Official Secrets Act and that the CJM has no jurisdiction to take cognizance of an offence under the Official Secrets Act,'' he says.

He further submits that if, as per the CBI findings, the IB had created an imaginary spy ring, then the issue is too serious to be dismissed without a thorough probe.

(To be concluded)

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