Will ask HC to consider afresh anticipatory bail pleas, says SC
New Delhi: The Supreme Court said on Monday it will ask the Kerala High Court to consider afresh the anticipatory bail pleas of four people, including a former Director General of Police (DGP), in a case of alleged frame-up of scientist Nambi Narayanan in the 1994 ISRO espionage matter.
It was hearing the CBI's appeal against the high court order granting bail to former Gujarat DGP R B Sreekumar, two former police officers of Kerala – S Vijayan
and Thampi S Durga Dutt,
and a retired intelligence official P S Jayaprakash.
"What we propose is this ..We will say high court to consider the anticipatory bail applications afresh without in any way being influenced by any observations," said a bench headed by Justice MR Shah.
Sreekumar was then the Deputy Director of the Intelligence Bureau (IB).
The bench, also comprising Justice CT Ravikumar, added it will, in the meantime, continue the protection from arrest granted to them.
The court observed the high court, in the order under challenge, committed certain errors including not considering and dealing with the individual allegations made by the accused.
"Two things high court has committed wrong . The observation by the DK Jain committee (pertaining to the role of erring police officials in the 1994 espionage case) has not been considered at all. Individual allegations of each accused has not been dealt with and considered at all," the court said.
"We will pass order accordingly. We will ask the high court to decide. We are continuing the protection Let the high court consider everything afresh," stated the court.