The Kerala High Court has decided to hold a special sitting on December 15 for considering the anticipatory bail pleas of the former police officials who were grilled by the Central Bureau of Investigation (CBI) in connection with the ISRO frame-up case.
The Supreme Court had quashed the anticipatory bail granted to the accused, who were senior officers in the Kerala Police and the Intelligence Bureau, and asked the High Court to consider the pleas afresh on December 2.
The reason for the Apex Court to take this decision was that it noted High Court had made some observations without considering the individual role played by the respective accused when they were working in the Kerala Police/IB and without considering the nature of allegations against them.
The Top court, while permitting the appeal filed by the CBI against the orders of the Kerala High Court, said that the matters should be remanded to the High Court for considering the anticipatory bail applications afresh.
The apex court also observed that the High Court had not appreciated the FIR lodged by the CBI against the accused on the basis of the recommendations made by the Supreme Court-appointed Justice D.K. Jain committee.
It was on a petition by the former ISRO scientist that the committee was appointed for seeking action against the officers who framed him in the false espionage case.
The CBI had grilled former officials P.S. Jayaprakash, Siby Mathews, Vijayan, Thampi S. Durga Dutt, R.B Sreekumar and V. K. Mainy who were involved in the ISRO espionage case probe.
The Supreme Court has instructed the High Court for considering the case afresh.
The Apex Court has also clarified that it has not expressed anything on merits in favour of either of the parties and it is ultimately for the High Court to pass appropriate order after having due check.