The state government on Friday submitted before the High Court that there was no need to take disciplinary action against three former police officers including the present Chief Information Commissioner Siby Mathews for their lapses in the investigation in the ISRO espionage cases.
The state made the submission on a petition by former ISRO scientist Nambi Narayanan seeking initiation of criminal and disciplinary action against the police officials held responsible for his illegal arrest.
The CBI in its report had recommended action against Siby Mathew, former additional director general of police, and retired superintendents of police Joshua and S Vijayan, who had launched the initial investigation. Action was yet to be taken against them, though the CBI submitted its report 15 years ago, the petitioner pointed out.
Justice P R Ramachandra Menon also directed police officials to file a reply affidavit within one week. The court adjourned the case by a week. In the affidavit, the state submitted that the DGP had obtained an explanation from the police officials and opined that no further action was necessary against them.
It also pointed out that the Supreme Court or the Magistrate court had not specifically issued any direction for taking action against the police officers.
The government took the decision after a detailed examination of the issue, it said. Besides, the CBI had not recommended any specific disciplinary action against the former police officers and only suggested ‘any action deemed fit’, it was pointed out. There was absolutely no basis for the contention of the petitioner that the government had issued the order under the influence of Siby Mathew who was holding high posts, said the government.
The Ernakulam CJM had in 1996 discharged all the accused from the case on the basis of the CBI report exonerating them.
The CBI had concluded that there was no evidence to prove the espionage charges. However, in June 1996, the state government had ordered a re-investigation into the case. Though the High Court had upheld the government order, the Supreme Court quashed it in 1998.
The SC had taken the government to task for ordering yet another probe by the state police after the CBI probe found that the allegations were false and the magistrate court ordered the release of all the accused.
State’s View
■ In the affidavit, the state submitted that the DGP had obtained an explanation from the officials and opined that no further action was necessary against them.
■ It pointed out that the Supreme Court or the Magistrate court had not specifically issued any direction for taking action against the police officers.