Summary
The Supreme Court awarded former ISRO scientist S. Nambi Narayanan Rs.50 lakh in public-law compensation for the violation of his liberty and dignity caused by baseless malicious prosecution and custody. Kerala was directed to pay within eight weeks; his civil claim for further compensation remained open. A committee chaired by former Supreme Court judge D.K. Jain was constituted to identify appropriate steps against the erring officials.
Issues
- Whether the baseless prosecution and custody warranted public-law compensation despite a pending civil suit.
- Whether a committee should examine appropriate action against the officials responsible.
Provisions considered
- Article 21, Constitution of IndiaThe baseless prosecution, custody, humiliation and injury to reputation infringed liberty and dignity and justified compensation against the State as a public-law remedy. (¶ 29–39)
Held
- The CBI report and earlier Supreme Court judgment established the baseless character of the espionage prosecution. Transferring investigation to the CBI did not excuse the State police’s initiation of criminal proceedings without a foundation or the resulting deprivation of liberty and dignity. (¶ 29–31)
- Custodial torture is not limited to physical injury: mental torment matters. Reputation is part of the right to life with dignity, and the appellant’s humiliation and suffering gravely affected his Article 21 rights. (¶ 32–37)
- A pending civil compensation suit does not bar public-law compensation for an established fundamental-right violation. Kerala was directed to pay Rs.50 lakh within eight weeks; the appellant could continue his civil suit for additional compensation, on whose merits no opinion was expressed. (¶ 37–39)
- A committee chaired by Justice D.K. Jain, with one officer nominated by the Centre and one by Kerala, was constituted to find ways to take appropriate steps against erring officials. It would function from Delhi, with an option to meet in Kerala. The Centre was to fund it and provide the prescribed perquisites and logistical and secretarial support. (¶ 40–41)
Result
Appeals allowed to the indicated extent without costs. Kerala to pay Rs.50 lakh within eight weeks; civil suit preserved. Justice D.K. Jain committee constituted with Central funding and support.