The Supreme Court of India Justice KM Joseph recused himself from two petitions filed by the CBI assailing the anticipatory bail granted to five police and intelligence bureau officials by the Kerala High Court in the case related to the alleged framing of ISRO scientist Nambi Narayanan in the 1994 ISRO espionage case.
While the hearing was in progress,a bench headed by Justice Joseph ordered that both petitions should be listed before different bench .
For representing the respondent, Senior advocate Kapil Sibal said that this but 6th time that the case has been adjourned. He further said that it is not a complaint that he has against the justice but something he wants to point out rather
The Bench immediately asked if he means the challenge against anticipatory bail?
Kapil Sibal comprobate the same stating Yes, milords, the truth is this only.
The Division bench of Justice Hrishikesh Roy said that the matter is coming before them for the first time and they are not aware .
Advocate Kaleeshwaram Raj, who appeared for appearing for PS Jayaprakash highlighted before the court that the case is over 27 years old.
He apprised the bench that in year 2018, a compensation of about Rs 50 lakhs was awarded to Dr.Nambi Narayanan for his illegal arrest and custodial torture. He further told that the Supreme Court had constituted a commission which was led by former Supreme Court judge, Justice DK Jain for unearthing the larger conspiracy behind framing of former ISRO scientist Nambi Narayan and other scientists in the 1994 espionage case.
In the April 2021, the committee by Justice Jain submitted a report before the Supreme Court. Considering the report, the Supreme Court directed CBI to take action on basis of the Justice Jain Committee report. The CBI registered the case arraying former Kerala DGP Siby Mathews, former Gujarat DGP RB Sreekumar and PS Jayaprakash(who were IB officials in 1994) and two former Kerala Police officers S. Vijayan and Thampi S. Durga are the other accused in the case and the matter in progress.