The Kerala High Court on Monday dismissed a revision petition filed by S. Vijayan, former police officer and an accused in the ISRO espionage frame-up case, against the order of the Thiruvananthapuram CBI Special Court rejecting his plea for a CBI probe into his allegation that former ISRO scientist Nambi Narayanan had bribed the then CBI officials to hush up the ISRO espionage case.
In a complaint filed before the Special Court, Mr.Vijayan alleged that the information about bribing the CBI officials who had investigated the case was given by a very close associate of Mr.Narayaran.He further said that it was revealed from the documents that the conveyance of property was effected through the Sub Registrar's Office, Nanguneri in Thirunelveli District in Tamil Nadu in the years of 1994, 1995, 1996, 2004, and 2008 by Mr. Narayanan and his benami holders. However, the CBI Special Court rejected Mr.Vijayan's plea for a probe into the involvement of Mr. Narayanan and the CBI officers who had conducted the probe into the ISRO espionage case in these land transactions.
Dismissing the petition, Justice R.Narayana Pisharady observed that the request made by the petitioner to direct an investigation under Section 156(3) of the Criminal Procedure Code was rightly turned down by the CBI Special Court in the absence of sufficient materials to substantiate the allegations.
The Judge also noted that "the complaint was only rejected and not dismissed by the Special Court. Rejection of a complaint does not preclude the complainant from filing a fresh complaint with adequate materials".
Counsel for the petitioner earlier submitted that the petitioner was ready to produce before the Special Court, the
documents showing the details of property transactions which would clearly indicate involvement of the accused in the
commission of the offences under the Prevention of Corruption Act.
The court made it clear that the dismissal of the revision petition would not preclude the petitioner/complainant from preferring a fresh complaint with adequate materials to substantiate his case. If such a complaint was filed, the Special Judge would have to judicially and judiciously apply his mind and do the needful in accordance with the law, the court ordered.
