Bramhos spy: SC deadline May 31, accused’s arguments yet to begin

Nagpur: With the Supreme Court deadline of May 31 looming to conclude the six-year-old espionage trial involving award winning scientist Nishant Agrawal, the next hearing on May 21 will see the cross examination of the investigation officer (IO) by the defence counsel. The IO is the last person from the prosecution to be cross examined. With 10 days remaining for the deadline, the court is yet to hear the accused’s statement related to the entire affair, and examine defence witnesses, if any.
Agrawal, who worked at Brahmos Aerospace Private Limited’s (BAPL) unit near Butibori, was arrested by the Anti-Terrorist Squad of Uttar Pradesh police in October 2018.On the morning of Dussehra, a team from UP ATS swooped down on Agrawal’s residence in the city and arrested him after questioning him till the evening.

The Supreme Court issued the deadline when the UP ATS filed a special leave petition against Nagpur bench of Bombay high court’s order last year granting bail to Agrawal. The apex court, which turned down the plea, said the prosecution has to ensure that the IO, who was to be cross-examined, is present for the hearing.
The trial court should make an endeavour to conclude the trial as early as possible but not later than May 31, said the apex court.
The apex court said it does not deem it necessary to interfere in the high court’s on the bail. However, it also clarified that the observations by the high court in regard to maximum sentence period are tentative in nature and shall have no bearing on merits of the trial case. The prosecution can also make out a case before the trial court regarding alleged offence under the Information Technology Act 2000.
As per prosecution, Agrawal possessed certain critical documents related to the Brahmos missile in his personal laptop and other devices. The data was supposed to be kept only in official devices under strict security. He was also alleged to be in contact with Pakistani intelligence operatives in the guise of young females on social media, and allegedly leaked sensitive data. Agrawal had got married seven months before he was arrested.
Agrawal’s lawyer Chaitanya Barve said his promising career as a scientist was hampered after his arrest in the case. After the arrest it is also expected that the trial is completed in time to reach a logical conclusion, Chaitanya Barve said.
In 2023, the high court granted him bail as it also observed that the tardy progress in the case had violated the accused’s fundamental rights as per Constitution.
The court had observed gross delay in the case can justify invocation of Article 21 of the Indian Constitution, which says no person can be deprived of life or liberty except with the due procedure of law.