The former ISRO scientist, Nambi Narayanan, who was discharged in an espionage case, has moved the Supreme Court seeking criminal and disciplinary action against former DGP Siby Mathews and other police officials who were part of Special Investigation Team which had probed the matter.
A Bench comprising Justices Dipak Misra and Prafulla C. Pant will hear on Thursday his appeal against the judgment of the Division Bench of the Kerala High Court which had said that no action was required to be taken against former DGP and two retired Superintendents of Police, K.K. Joshua and S. Vijayan, who were held responsible by CBI for his illegal arrest.
Mr. Mathews is currently Kerala Chief Information Commissioner.
The 74-year-old former ISRO scientist said the Division Bench of the High Court had “failed to appreciate the real undercurrent that passed through the mind of the apex court, the National Human Rights Commission (NHRC) and the single judge of the High court in their verdict and on untenable reasons, quashed the order of the single judge.”
Challenging the legality of the High Court Division Bench order, Mr. Narayanan said it was “bad in law” and has sought interim stay contending that “the illegality in the judgment impugned, if allowed to perpetuate, would only encourage the unlawful action and mindset on the part of the Kerala police to harass innocent persons for extraneous considerations.”
Compensation The apex court in 1998 granted compensation of Rs. one lakh to Mr. Narayanan and others who were discharged in the case and directed the State government to pay the amount.
Later, Mr. Narayanan approached NHRC claiming compensation against the State government for mental agony and torture suffered by him. The NHRC, after hearing both sides and taking into account the apex court judgment of April 29, 1998 awarded an interim compensation of Rs. 10 lakh on March 14, 2001.
