Pulling up the Kerala government for not taking any action against “erring” police officials for the illegal arrest of former ISRO scientist Nambi Narayanan in an espionage case, the Supreme Court said the case fundamentally pertained to “police atrocities”.

A Bench led by Justice Dipak Misra asked why the State of Kerala kept mum for 15 long years as the scientist suffered despite a CBI report exonerating him of any involvement in the case.

“The State fundamentally pertains to the atrocities of the police where they have arrested the petitioner, a renowned scientist in Indian Space Research Organization (ISRO) in 1994 without any justifiable reason as the same is evincible from the report submitted by the Central Bureau of Investigation (CBI) in its investigating report,” a Bench led by Justice Dipak Misra wrote in its order.

Senior advocate V. Giri, appearing for Mr. Narayanan said the State government did not pay heed to CBI recommendations to act against the police officials, and instead appointed a Special Investigation Team to probe Mr. Narayanan further. Mr. Giri detailed how his client was denied justice when the High Court, at that time, refused to intervene on his behalf against the State setting up the probe team.The Bench recorded in its order arguments made by Mr. Giri that when “liberty of a person, and that too a scientist of high repute, is comatosed in such a manner, it is obligatory on the part of the State government to take stern action against the erring officials”.

The order was passed on a plea by Mr. Narayanan seeking criminal and disciplinary action against former Kerala ADGP Sibi Mathew, presently the State’s Chief Information Commissioner, and other senior police officials who investigated the case.

Mr. Narayanan had arraigned as parties Mr. Mathew, the Kerala government, K.K. Joshwa and S. Vijayan, both of whom had retired in senior position in the police.

A bench led by Justice Dipak Misra has asked them all to respond to Mr. Narayanan's plea in eight weeks.

The 74-year-old former ISRO scientist had approached the apex court after a Division Bench of the State High Court refused his plea.

The apex court in 1998 granted compensation of Rs. one lakh to Mr. Narayanan and others who were discharged in the case.