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'Torture charges baseless, Nambi Narayanan has no case'

Published: 22nd October 2013 07:50 AM  |   Last Updated: 22nd October 2013 09:10 AM   |  A+A-

The state government on Monday submitted before the Kerala High Court that the allegation by S Nambi Narayanan, a former scientist of the Indian Space Research Organisation (ISRO), that some of the accused persons in the espionage case were ill-treated while in police custody, was baseless.

Chief Secretary E K Bharat Bhushan filed the counter affidavit in response to a petition by Nambi Narayanan seeking initiation of criminal proceedings against three police officers, who have since retired from service. The petitioner had sought action against former DIG (Crime) Siby Mathews, who is now the State Chief Information Commissioner, Circle Inspector (Special Branch) S Vijayan and Superintendent of Police K K Joshua.

Nambi Narayanan_EPS.JPGThe government had decided to close the file seeking action against three police officers. The file related to the recommendation of the CBI that action be taken against the officers for ‘unprofessional conduct’.

The petitioner submitted that the state dropped the proceedings against the officials, citing that 15 years have passed since the CBI report and courts did not issue any direction to take action. The reasons are untenable, because the delay was deliberately caused by the government in connivance with the three accused. This cannot be taken as a ground to ignore the report of the CBI, Nambi Narayanan submitted. Bharath Bhushan submitted that the said police officers have already retired from service and they have proven track records and credible service career.

“The three officials only discharged their duties in accordance with law. After the arrest of the accused person in the case, they were produced before the court and remanded in judicial custody. The allegations of custodial violence are only imaginary and not supported by any reliable evidence,” he said. The affidavit said the government is of the firm opinion that no action need be taken on the CBI report.

“The government is not satisfied by the closure report submitted by the CBI. The state is not bound to act up on the report of the CBI, which was forwarded to the government along with covering letter dated June 3, 1996 signed by Sharad Kumar, DIG, CBI, who was not part of the investigation,” it said.

The unsigned report was forwarded with the conclusion that “the facts are being brought to the notice of the competent authority for their kind consideration and for such action deemed fit”. There was no recommendation in the report, the state clarified.

“No court of law has made any direction to take action against the police officers, while appreciating the facts involved in the case,” it said.

The petitioner had no grievance that he was mentally or physically tortured by the SIT, when he was produced before the court.

Following the order of Human Rights Commission, the government had granted an interim compensation of `10 lakh to Nambi Narayanan.

“When the question of violation of human rights is being considered by a competent fact finding forum, the petitioner is dis-entitled to  seek any relief from the High Court, alleging human rights violation,” the state submitted.



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