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The Supreme Court Bench comprising Justice AM Khanwilkar, Justice Dinesh Maheshwari & Justice Krishna Murari have directed the CBI to treat the Jain Committee Report as preliminary Inquiry Report & proceed further without making the Report Public. 

 “According to the order dated September 14, a Committee was appointed & thereafter submitted its report in March. We thereafter direct to give a copy of the report to the Acting Director of CBI. We thereafter direct CBI to not be made available to the public. CBI to file a report of further enquiry in 3 months”, the Bench remarked.  

SGI Mr Tushar Mehta appeared for the Union of India & Adv Amit Sharma for Siby Mathew.

Sharma submitted that the Committee while conducting enquiry heard the petitioner but did not give the respondent an opportunity of being heard & put forward his submissions. 

“The Accused is not allowed to be heard before registration of charges against him”, said the Bench.

The Court also said that, “The purpose of the committee was only to adjudicate the purpose. Officer has been identified by the Commissioner & the same has been submitted to CBI & CBI would proceed in accordance with law.”

In the present matter, the Bench was hearing an application filed by the Central Government seeking acceptance of a sealed cover report by former Supreme Court Judge Justice DK Jain in the Indian Space Research Organisation (ISRO) Espionage Case.

Solicitor General Tushar Mehta on the last date of hearing stated before a bench led by CJI SA Bobde that the issue be heard, in light of the fact that the Justice DK Jain report had been submitted. 

The development came after a panel appointed by the Supreme Court to probe the illegal arrest of Scientist S. Nambi Narayanan in the ISRO espionage case of 1994 submitted its report to the Apex court.

Narrating the sequence of events that led to an attempt of framing a distinguished scientist Nambi Narayanan, the Centre had urged for taking strict action against those police officials who had attempted to do so in light of recommendation, if any in the Report.

In September 2018, the Supreme Court had held that the prosecution initiated by Kerala Police in the 1990's in relation to the ISRO Espionage Case was maliciously moved against the Scientist, causing him immense humiliation. As a result of this, the Kerala Government was directed to pay compensation of Rs. 50 lac to Narayanan. Further to this, a three-member committee was constituted to probe into the illegal arrest of Narayanan.

Case Title: S. Nambi Narayanan Vs. Siby Mathew & Ors. | MA 586-587/2021 in Civil Appeal Nos. 6637-6638 of 2018