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NHRC asks Kerala govt to pay
Rs one million to ISRO scientist

S Nambinarayan, 'falsely implicated' in a criminal case of espionage under the Indian Official Secrets Act, submitted a petition to NHRC complaining of gross violation of his human rights and seeking award of compensation.

According to the petition, the complainant along with five others was arrested under the case, which was handed over to the Intelligence Bureau.

The complainant alleged illegal detention and custodial torture by Kerala Police and IB officials and added the state government issued a notification entrusting the probe to the CBI.

He was then remanded to CBI custody till the Kerala High Court ordered his release on bail, the petition said.

CBI in its final report said, "...to sum up, in view of the evidence on record, oral as well as documentary, as discussed above, the allegations of espionage are not proved and have been found to be false....".

Accepting the final report of the CBI, the Chief Judicial Magistrate discharged the complainant and the other accused. However, the state police filed a revision in the Kerala High Court challenging the discharge, which was in turn was dismissed by the court.

Inspite of these developments, the state government issued a notification withdrawing the consent given to the CBI for investigation of case and ordered 'reinvestigation' by a special team of the state police, it said.

The notification was later amended to describe the 'reinvestigation' as 'further investigation', it said, adding the Supreme Court, when approached by the complainant, quashed the notification.

"The Supreme Court also passed strictures against the state government and observed that the subsequent notification issued by it was inconsistent with the role of a responsible government bound by the rule of the law. It awarded Rs 100,000 to each of the appellants as costs to be paid by the state government," the petition said.

NHRC, on considering the facts, held 'the allegations of gross violation of human rights of the complainant by officers of Kerala police and IB were proved by the conclusions of the CBI report, which had been upheld by the Apex Court'.

"The government of Kerala had supported this unlawful action, which was a malafide exercise of power as held by the Supreme Court. The complainant, a senior scientist of considerable repute, whose contribution in space research was acknowledged, was kept under suspension for a period of 18 months on a false case foisted on him," NHRC order said.

After the NHRC directive for the compensation, the Centre as well as the state government raised objections saying the award can affect the outcome of a civil suit filed by the complainant claiming damages amounting to Rs 10 million.

NHRC disposed of the objections raised and ordered Kerala government to pay Rs one million and asked for a report on the action taken against its 'delinquent officers'.

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