[Nambi Narayanan] Supreme Court winds up DK Jain committee; says CBI should collect independent evidence, not rely on committee report alone

The Supreme Court on Monday wound up the DK Jain committee constituted tasked to look into wrong doings by former Kerala Police officials against Indian Space Research Organisation (ISRO) scientist, Nambi Narayanan in relation to ISRO espionage case. .A Bench headed by Justice AM Khanwilkar decided to wind up the committee after the Central Bureau of Investigation (CBI) informed the Court that a first information report has been registered against erring police officials. .Solicitor General Tushar Mehta, appearing for CBI, informed the Court that FIR has been registered and copy of the same will be uploaded today. ."Now that CBI has decided to proceed in the matter, further steps after registration of FIR shall flow as per law. No further direction required. As the report has been finally acted upon, we accept the request of ASG that the committee headed by Justice DK Jain be wound up. We appreciate the efforts put in by the committee, including the chairman. The committee ceases to function," the Court ordered. Importantly, the Court clarified that the CBI should collect independent evidence and the DK Jain report should not be the basis to move against accused. "Needless to observe respondent can take recourse under any provision of the law. after registration of FIR investigation agency must collect evidence on its own and not rely on the Justice DK Jain report. the report cannot be the basis to move against the accused. All contentions to both sides remain open," the order said. .Nambi Narayanan was a scientist at ISRO and was in charge of the Cryogenics division. In 1994, he was falsely accused of leaking defence secrets to enemy countries and was arrested by the Kerala Police under the Official Secrets Act.He was later acquitted of all charges in 1998.He had then initiated litigation for action against erring police officials who had framed the false case against him. He had accused the Kerala Police and Intelligence Bureau of torturing him with a view to extracting statements from him.He first approached the National Human Rights Commission (NHRC) seeking compensation for the torture and agony inflicted upon him.The NHRC had awarded him an interim compensation of Rs. 10 lakh.Narayanan then filed a writ petition in Kerala High Court challenging the decision of the State to refrain from taking any action against erring police officers. A Single Judge of the High Court allowed the same. However, a Division Bench of the Kerala High Court had turned down his plea, leading to appeal in the Supreme Court..The Supreme Court had, in September 2018, held that prosecution initiated by the Kerala police against Narayanan in the mid 1990s in the ISRO espionage case was malicious and had caused tremendous harassment to him.It had, therefore, ordered a compensation of Rs. 50 lakh to Naryanan and also constituted a Committee headed by Justice DK Jain, to ascertain whether action needs to be taken against erring police officials.The committee had, after inquiry, submitted its report to the Court in a sealed cover in April this year.The Central government had also filed an impleadment application in the case urging the Supreme Court to accept the sealed cover report submitted by Justice Jain and seeking strict action against delinquent police officials.The Court had then ordered CBI to probe the case.