The CBI must come up with an independent investigation on the ISRO espionage case, the SC said, confirming that the sole report given by former judge, Justice DK Jain will not suffice.
An order by the bench comprising of Justices AM Khanwilkarand Sanjiv Khanna, said “After the registration of FIR, the investigating agency must collect materials on its own and cannot proceed on the basis of the report submitted by Justice DK Jain committee. That by itself cannot be basis to proceed against the respondents or persons named as accused in the FIR registered by the CBI.”
The bench considered the stance of Advocate Kaleeswaram Rajrepresenting the other accused in the case. According to the lawyer, since the Justice DK Jain report was not shared with the accused, it cannot, in itself pose a value in the Court and will cause prejudice.
“Nothing will turn on the report. The report cannot be the basis. The report is only an initial information. Ultimately it is the investigation which is done which will have the consequence. The report cannot be the basis for the prosecution”, Justice Khanwilkar said.
Solicitor General Tushar Mehta, appearing for the CBI said that it was impossible to share the report because the Court had prohibited it’s publication on April 15. If given a chance, the report can be uploaded as soon as possible.
However, the supreme court refuted and said that as the entire FIR was filed on the basis of the report and no independent investigation was done it led to the harassment of the accused in 2018 by the CBI that was not acceptable.
In September 2018, ISRO ex-scientist Narayanan was subjected to a “psycho-pathological treatment” in the name of police investigation dueto which his basic human rights, according to the court, were violated.