Isro told to pay Devas $672 million in damages

[Hindustani78]

http://www.deccanchronicle.com/nati...deal-ed-attaches-assets-over-rs-79-crore.html

Bengaluru: The ED has attached assets worth over Rs 79 crore in connection with its money laundering probe in the Antrix-Devas deal.

The agency said, the attached assets worth over Rs 79.76 crore of Devas Multimedia Private Limited, Bengaluru, are in the "form of upfront capacity reservation fee available with ISRO as well as in the form of mutual fund and bank deposits."


The assets were attached on the basis of a provisional order issued by the ED on Monday under the Prevention of Money Laundering Act (PMLA).

The Enforcement Directorate (ED) had taken over the case based on a CBI FIR which alleged that Devas had illegally entered into an agreement with ISRO and its commercial arm Antrix Corporation Limited (ACL) by fraudulently representing certain facts.

It further alleged that after entering into the agreement, Devas collected investments from abroad through criminal conspiracy.

Antrix had signed a deal with Devas in 2005 to provide it with crucial S-Band wavelength, which is primarily kept for strategic interests of the country.

"On January 28, 2005 Ms Devas Multimedia Private Limited Bangalore, falsely claimed that it had the ownership and intellectual property rights to use the technology for delivering multi-media services (to) enter into an agreement with ISRO/ACL," the ED said in a statement.

It said, "Few employees of ISRO/ACL also conspired with Devas for entering into the agreement."

"On the strength of the said agreement, Devas raised foreign investment of Rs 579.07 crore. Devas also incorporated its subsidiary company in America in the name of Ms Devas Multimedia America Inc. and out of the total foreign investment raised, an amount of Rs 761.90 crore was transferred to it as investment," the ED said.

It added that an "amount of Rs 180.77 crore was also transferred to its subsidiary in America in the guise/pretext of providing business support services and a further amount of Rs 230.11 crore was spent as legal fee and out of the said amount a major portion was transferred to USA in the guise/pretext of legal fee."

The agency claimed that the agreement entered by Devas with the ISRO/ACL is "illegal" as Devas didn't have any technology/ownership of intellectual property rights to deliver the multimedia services.

It said "the main purpose" of entering into the agreement with ISRO/ACL was to raise foreign investments.

"The subject company never did any major business in India other than providing internet services to about 20-25 customers in Bangalore. However, nearly 85 per cent of the foreign investment raised was siphoned off out of India in the guise/pretext of investment or services or fee," it alleged.

The agency said, it also searched the premises of Devas here in January and recorded statements of few of its executives.

The ED, last year, had slapped a Rs 1,200-crore show cause notice under the Foreign Exchange Management Act in the same deal case.

The spectrum, as part of the Antrix-Devas deal, was meant for running digital multimedia service by leasing 90 per cent transponders on two satellites GSAT-6 and GSAT-6A.

 

[Hindustani78]

http://indianexpress.com/article/in...gainst-maintainability-of-devas-plea-4579393/
By: PTI | New Delhi | Published:March 21, 2017 7:32 pm

ISRO’s Antrix Corporation has challenged in the Delhi High Court its single judge order agreeing to hear Devas Multimedia’s plea to attach its bank accounts to secure damages worth USD 672 million awarded to the latter by an international tribunal. Paris-based International Chamber of Commerce’s (ICC) arbitration body, International Court of Arbitration, in its September 2015 ruling had asked Antrix to pay damages worth USD 672 million (Rs 4432 crore) to Devas for “unlawfully” terminating a deal in 2011 citing national security reasons.

The matter was listed before a bench of Justices Indira Bannerjee and Anil Kumar Chawla but could not be taken up today as one of the judges was not available.

Antrix’ plea against the single judge’s order of February 28 has been listed for hearing on March 24.

The single judge had rejected Antrix’s contention that that Delhi High Court did not have the jurisdiction to hear Devas’ plea as the contract was executed in Bangalore and both the companies were also based there.

Justice S Muralidhar had said that though the City Civil Court in Bangalore may have the territorial and pecuniary jurisdiction, it cannot grant any of the reliefs sought by Antrix in its plea there.

Antrix, in its plea of 2011, had sought directions to Devas, restraining it from proceeding with the ICC arbitration, contrary to the agreement between them, and from getting it modified by the ICC.

Antrix contended that till the court in Bangalore decided whether it had the jurisdiction, the Delhi High Court could not have taken up the plea of Devas.

The single judge had disagreed with Antrix’ contention, saying that the only order that can possibly be passed by the Bangalore City Civil Court was that none of the reliefs sought by Antrix in its 2011 plea can be granted.

The judge had said that “waiting indefinitely” for such a decision “would be an exercise in futility”.

He had also directed Antrix to withdraw its plea from the Bangalore court.

Antrix had filed a plea in November 2015 in the Bangalore court challenging the arbitral award.

 

[Hindustani78]

New Delhi, August 13, 2017 22:14 IST
Updated: August 13, 2017 22:18 IST
http://www.thehindu.com/news/nation...mastermind-twice-says-cbi/article19486705.ece

CBI says Devas Multimedia is a shell company that got $130 milion from four firms.

Former ISRO chairman G. Madhavan Nair, had met alleged U.S.-based mastermind in the Antrix-Devas deal Ramachandra Vishwanathan twice before the agreement got the final government approval, the CBI said.

The CBI already has sanction for the prosecution of Mr. Nair, apart from former ISRO director A. Bhaskar Narayana Rao and former Antrix executive director K.R. Sridhara Murthi.

The agency alleges that the former ISRO chief met Mr. Vishwanathan, the Devas CEO, in Bengaluru and at Vancouver in the U.S. in 2004. Incidentally, the Bengaluru-based Devas Multimedia was incorporated in December 2004 with a capital of just ₹1 lakh.

Devas Multimedia is being treated by the CBI as a shell company. It had received investments to the tune of $130 million from four companies, three based in Mauritius and one in Singapore. The agency has identified the investors as Columbia Capital Devas Mauritius Limited, Telecom Devas Mauritius Limited, Devas Employees Mauritius Private Limited and Deutsche Telekom Asia Ltd, Singapore.

The Antrix-Devas Multimedia agreement

Seeking information on the relevant financial transactions, the CBI has sent judicial requests to Mauritius, Singapore, France and the U.S. It is alleged that Mr. Vishwanathan had diverted $28 million from Devas Multimedia to its fully owned U.S.-based subsidiary on various pretexts.

Last year, the agency filed a charge sheet alleging that Devas Multimedia wrongfully gained ₹578 crore from the deal. Among those named are Mr. Vishwanathan, Mr. Nair, Mr. Rao, Mr. Murthi, former ISRO scientist M.G. Chandrasekhar, and two directors of Devas Multimedia, M. Umesh and D. Venugopal.

Inadequate competence
It alleged that though the company did not have the necessary technology and wherewithal for providing services like delivery of videos, multimedia content and information services using S-Band transponders through GSAT-6 and GSAT-6A satellites and terrestrial systems in India, it managed to bag the deal.

The agency has also accused the then ISRO chief of suppressing crucial information about the deal from the space commission, which gave the final nod.

 

[ashok321]

None of these shell companies are remotely connected with Ambanis, otherwise you would not have had names published.

Ambanis & Adanis involved, everything shrouded in secrecy.

 

[Stephen Cohen]

None of these shell companies are remotely connected with Ambanis, otherwise you would not have had names published.

Ambanis & Adanis involved, everything shrouded in secrecy.

Keep crying ; I will send some tissues

 

[wiseone2]

never understood this case

Keep crying ; I will send some tissues

i can also help

 

[KRAIT]

Itne main to naa jaane kitne MARS mission ho jaate.

 

[Hindustani78]

In an excerpt of the book named 'Ormakalude Bhramanapatham' (Orbit of memories) published on IEMalayalam.com on Thursday, Narayanan paints the spy case as a conspiracy against him and the ISRO through the collective efforts of agents of the US Central Intelligence Agency (CIA) in connivance with Indian police and intelligence officers.

By: Express Web Desk | Updated: October 25, 2017 10:00 pm

http://indianexpress.com/article/in...4-spy-case-in-tell-all-autobiography-4906323/

Nambi Narayanan, a former scientist of the Indian Space Research Organisation (ISRO), has come out with a tell-all autobiography in which he talks about his years at the space agency and especially the difficult time he underwent when he was falsely implicated in the infamous 1994 spy case.

Narayanan, who was accused of selling vital secrets associated with Indian space technology in 1994, was later acquitted by a CBI court and the Supreme Court in 1998. He spent a total of 50 days in jail along with fellow scientist D Sasikumar and four others.

In an excerpt of the book named ‘Ormakalude Bhramanapatham’ (Orbit of memories) published on IEMalayalam.com on Thursday, Narayanan paints the spy case as a conspiracy against him and the ISRO through the collective efforts of agents of the US Central Intelligence Agency (CIA) in connivance with Indian police and intelligence officers. The case was produced out of thin air in order to stall India’s rapid advancements in the development of an indigenous cryogenic rocket engine, he alleges in the book.

Nambi Narayanan at ISRO’s program.

“My investigation showed that the spy case was the illegitimate child of the US-French agencies with the intention of burying me and the ISRO in the cemetery,” Narayanan writes.

“The spy case saw a Maldivian woman being framed as a spy to carry secrets that never existed by police officials, politicians and journalists who knowingly or unknowingly fell for the plot of the CIA,” he writes.

In June this year, former chief minister and CPM veteran VS Achuthanandan had released a book written by Siby Mathews, who headed the investigation into the ISRO spy case. In Narayanan’s excerpt, he talks about his meeting with Mathews after he was acquitted in the case.

“He (Mathews) told me that he was unknowingly pushed into the case by then-DGP Madhusudanan. He told me he did not intentionally try to trouble me,” wrote Narayanan in the book.

Narayanan has sought re-investigation into the spy case to uncover the people behind it.

 

[Hindustani78]

http://www.deccanherald.com/content/639536/ex-scientist-scalded-isro-scandal.html
DH News Service, Thiruvananthapuram, Oct 26 2017, 23:18 IST

Former ISRO scientist S Nambi Narayanan, falsely implicated in the 1994 espionage case has revived his call for a fresh probe into the case.

Speaking here on Thursday after releasing his biography Ormmakalude Bhramanapadham(The Orbit of Memories), Narayanan said re-investigation is crucial to understand the role of forces outside the country.

Authored by journalist G Prajesh Sen, the book describes grueling physical torture Narayanan underwent, but the 76-year-old scientist said he has moved on from the humiliation and now awaits answers to many important questions.

“The CBI said it was a fabricated story. If so, who fabricated it? What was their motive? We need fresh investigation to expose that,” Narayanan said. “I’ve lost a lot that can’t be recovered, but there will, at least, be satisfaction that the actual culprits are not allowed to go free.”

Narayanan was director of the space agency’s cryogenic project when the scandal broke. He and a few others were accused of handing over vital details of the project to Pakistan through two women from Maldives and had contacts in Sri Lanka.

In 1996, the CBI -which took over the case from the Special Investigation Team- reported that the case was fabricated. Two years later, the Supreme Court turned down the State Government’s move to re-open the case. Narayanan, however, still awaits closure.

Thiruvananthapuram MP Shashi Tharoor, who released the book, said the scandal had reduced the career of the distinguished scientist to ignominy and he was left to wait for justice.

Tharoor said while Narayanan deserved a collective forgiveness, his story was also a cautionary tale – “If this happened to a good man, it could happen to anyone”.

Narayanan, while acknowledging the role of local political interests and media sensationalism in fuelling the scandal, never ruled out the possibility of an international conspiracy.

His suspicions of a bigger conspiracy stems from the fact that the scandal had delayed India’s progress in developing cryogenic engines by at least 15 years. He has, in the past, traced the case to a CIA-backed conspiracy which investigating officials were part of.

 

[Hindustani78]

February 09, 2011 04:23 IST
Updated: October 10, 2016 07:25 IST
http://www.thehindu.com/opinion/op-ed/The-Antrix-Devas-Multimedia-agreement/article15134033.ece


The Prime Minister's Office has issued a statement claiming that “no decision was taken by the Government to allocate space segment using S-Band Spectrum to Antrix or Devas.” The statement also claims that “hence, the question of revenue loss does not arise and any such reports are without basis in fact.”

The documented fact is that the agreement concluded on January 28, 2005 between Antrix Corporation Ltd. — the commercial arm of ISRO, which is under the Department of Space of the Government of India — and Devas Multimedia Private Ltd. says otherwise. Antrix represents that it has the right to make available to Devas, on a 24x7 basis for a lease period, “part of a space segment capacity” on two satellites for services in the S-band. The amount promised by Devas is vastly below the commercial worth of the transponders leased and there are clearly financial implications for annulling the agreement.

We publish below detailed extracts from the Antrix-Devas agreement. “Agreement for the Lease of Space Segment Capacity on ISRO/Antrix S-Band Spacecraft by Devas Multimedia Pvt. Ltd.”

The agreement, No. ANTX/203/DEVAS/2005, was entered into on January 28, 2005 between Antrix Corporation Limited , acting through and represented by the Executive Director, and Devas Multimedia Private Limited, an Indian company with its registered office at 102 Eden Park, 20 Vittal Mallya Road, Bangalore.

Recitals
The “Recitals” of the agreement cite the Indian Space Research Organisation (ISRO), under the Department of Space, Government of India, as a pioneer in the satellite industry with a portfolio of satellite products and services, international experience in satellite manufacturing and launch program management expertise, and satellite network expertise, and Antrix as a marketing arm of the Department of Space through which ISRO engages in commercial activities.

The agreement notes that “Devas is developing a platform capable of delivering multimedia and information services via satellite and terrestrial systems to mobile receivers, tailored to the needs of various market segments.”

Devas “has requested from Antrix space segment capacity for the purpose of offering a S-DMB service, a new digital multimedia and information service, including but not limited to audio and video content and information and interactive services, across India that will be delivered via satellite and terrestrial systems via fixed, portable, and mobile receivers including mobile phones, mobile video/audio receivers for vehicles etc. (“Devas Services”).”

Antrix commits
Antrix “has agreed to the request of Devas and has decided to make available to Devas, on a lease basis, part of a space segment capacity on Primary Satellite 1 (“PS1”) and an option to gain additional capacity on Primary Satellite 2 (“PS2”) to be manufactured for similar services without any immediate backup in the S-Band, for such purpose under appropriate terms and conditions.”

The agreement states that “Antrix and Devas understand and accept that they will collaborate to build, launch and operate satellite(s) and the Devas Services, and recognise that enabling the Devas Services and activities related thereto requires execution of interdependent technical and business activities.”

Article 2, titled ‘The Leased Capacity', states that under the agreement, Antrix shall lease to Devas five C x S transponders, each of 8.1 MHz capacity, and five S x C transponders, each of 2.7 MHz capacity, on the Primary Satellite 1 (PS1) with technical performance and other specifications defined, and/or any other available capacity as provided and/or mutually agreed to by the parties in writing. Devas and Antrix agree that the leased capacity shall be utilised in accordance with this agreement and its exhibits. Antrix agrees that the leased capacity shall be a non-preemptible service, except as specifically provided for in Article 7.

Period of lease
Under Article 3, titled ‘Period of Lease and Terms & Conditions', the leased capacity shall be made available by Antrix to Devas on a 24-hour, seven-day-per-week basis for the lease period, which shall be 12 years commencing as set forth below, and extended as provided below or as mutually agreed to in writing by the parties.

Antrix shall deliver the leased capacity to Devas from a fully operational and ready PS1 within 30 months, with a further grace period of six months, (that is, a total of 36 months, the “Delivery Period”) of the date of the first payment of an Upfront Capacity Reservation Fee as provided, inclusive of in-orbit testing and verification by Devas (“Delivery”).

Antrix agrees that to the best possible extent, it will lease to Devas Additional Satellite Capacity above and beyond PS2, and spares and frequencies associated to the Additional Satellite Capacity to enhance Devas Services features based upon mutually agreed terms and conditions of a lease arrangement which will be negotiated and signed by the parties at least three years prior to the actual requirement date of the fresh lease services, provided that Antrix shall obtain all necessary government and regulatory approvals relating to the orbital resources, frequency clearance, investment feasibility and funding for the satellite including but not limited to ITU (International Telecommunication Union) coordinated orbital slot, frequency allocation and related approvals for all matters covered in Article 3. Further, if Antrix cannot fulfill the needs of Devas for Additional Satellite Capacity, Devas may seek the support of Antrix to procure the services from a third-party on such terms which are mutually agreeable to parties. Antrix shall, either by itself or through ISRO, make best efforts to support Devas in this regard.

Article 4, titled ‘Charges', makes clear that the charges comprise an upfront capacity reservation fee and lease fees for 5 S x C and 5 C x S band transponders on each of PS1 and PS2, and other charges, fees and payments as provided.



Termination
Devas may terminate this agreement in the event Devas is unable to get and retain the regulatory approvals required to provide the Devas Services on or before the completion of the Pre Shipment Review of PS1. In the event of such termination, Devas shall forfeit the Upfront Capacity Reservation Fees made to Antrix and any service or other taxes paid by Devas and those outstanding to be paid to Antrix till such date. Upon such termination, neither party shall have any further obligation to the other party under this agreement.

Antrix may terminate this agreement in the event Antrix is unable to obtain the necessary frequency and orbital slot coordination required for operating PS1 on or before the completion of the Pre Shipment Review of the PS1. In the event of such termination, Antrix shall immediately reimburse Devas all the Upfront Capacity Reservation Fees and corresponding service taxes received by Antrix till that date. Upon such termination, neither party shall have any further obligation to the other party under this agreement nor be liable to pay any sum as compensation or damages (by whatever name called).

Antrix may terminate this agreement at any time if Devas is in the material breach of any provisions of this agreement and Devas has failed to cure and breach within three months after receiving notice from Antrix regarding such breach, or non- payment of the lease fees and other charges (such as spectrum monitoring charges) by Devas for a continued period of 12 months, or if such accumulated delays from recurrent non-payments exceed 60 months, whichever occurs earlier, or Upfront Capacity Reservation fees, already due.

In the event of two successive launch failures of PS1 by Antrix, Devas shall have the option, exercisable in its sole discretion, to either terminate this agreement, in which event Antrix agrees to immediately reimburse Devas all the Upfront Capacity Reservation Fees for PS1 received by Antrix till that date, and after that, neither party shall have any further obligation to the other party under this agreement, or forego the refund of the Upfront Capacity Reservation Fees and service taxes and request Antrix to launch a satellite within 24 months of the exercise of this option, based on mutually agreed-upon terms.

Under Article 8, titled “Vacation of Leased Capacity”, it has been provided that, upon termination of this agreement (in part or in full) either by Devas or by Antrix, or at the end of the lease period, the use of the leased capacity so terminated shall revert to Antrix unconditionally.

Article 10, titled “Board Participations”, provides that Devas shall offer Antrix the option to appoint a senior officer to the Board of Devas. The officer so appointed shall act as an observer and shall not have any voting rights.

In Article 12, on “Representations and Warranties”, Antrix has represented and warranted to Devas that it has the capacity and power to enter into and perform this agreement. Antrix, through ISRO/DoS, will be responsible for obtaining clearances from national and international agencies (WPC, ITU, etc.) for use of the orbital slot and frequency resources so as to ensure that the spacecraft is operated meeting its technical characteristics and provide the leased capacity as specified. Antrix through ISRO has the ability to make/build, manufacture, launch and operate the satellites, and provide the leased capacity as provided in this agreement. Antrix will fulfill its obligations under this agreement according to any applicable law. Antrix, through ISRO, has the ownership and right to use the intellectual property used in the manufacture and launch of the satellites and provision of leased capacity under this agreement. Antrix may offer another satellite to other parties, provided, in due recognition of Devas' seniority, it provides Devas with prior intimation in case it does not infringe upon any confidentiality agreements and does not affect any Devas schedules or deliverables.

Devas commitments
Devas has represented and warranted to Antrix that Devas has the capacity and power to enter into and perform this agreement in terms thereof; that Devas has the ability to design Digital Multimedia Receivers (DMR); that Devas has the ability to design Commercial Information Devices (CID); that Devas has the ownership and right to use the intellectual property used in the design of DMR and CID; that the fulfilment of Devas' obligations under this agreement by Devas will not violate any laws; that Devas shall assign, transfer and/or sub-let its rights and obligations in accordance with law and that Devas shall be solely responsible for securing and obtaining all licenses and approval (statutory or otherwise) for the delivery of Devas Services via satellite and terrestrial network.

Under Article 14, relating to “Operational Arrangements”, Devas shall develop frequency and transmission plans for the use of the leased capacity on the satellites and the same shall be made available to Antrix for prior review and approval. For those particular transponders where there is potential for adjacent transponder interference between INSAT series of spacecraft and PS1, Devas and Antrix shall develop mutually agreeable technical operating parameters for operation in the said transponders. However, such parameters shall have no effect on Devas Services as set forth. In case of demands from other entities for similar services, Antrix shall take reasonable steps to accommodate such request without disrupting or putting limitations of Devas Services.

In the event of Antrix operating a co-located satellite next to Devas' leased capacity on PS1 and if applicable PS2, Devas and Antrix shall develop mutually agreeable technical operating constraints for all co-frequency transponders that have the potential for interference. Transmission and frequency plans developed for co-frequency transponders shall be exchanged and coordinated in the manner described.

Inter-system coordination
Antrix shall be responsible for inter-system coordination as per ITU Radio Regulations to obtain all clearances so as to use the orbital slot and frequency resources for Devas Services. All coordination efforts by Antrix referred to in this Article shall be performed at no additional costs to Devas. Devas shall provide assistance to Antrix in connection with the inter-system coordination efforts. Antrix shall make the best efforts, with the help of Devas, to coordinate the types of services required by Devas.

ISRO shall remain the registered owner of the orbital location on which the leased capacity is being made available to Devas.

Interference to other satellite systems with which Antrix or ISRO or associated entities are in the process of coordinating arrangements shall be kept at any acceptable level by utilising operating parameters within the limits prescribed and agreed to by Antrix and Devas, and shall remain in conformity with such arrangements without affecting Devas Services.

Antrix agrees that the PS1 spacecraft will be located at the 83 deg. E orbital location during the term of the lease. The spacecraft location may be changed to a different location with the written concurrence of Devas. Antrix believes that the proposed use of the leased capacity by Devas will not present any coordination problems.

In the event similar services are supported by Antrix or ISRO (through other satellites leased to commercial or government entitles), Devas Services will be ensured to be protected for inter-system interference.

Devas shall establish formal procedures for systems discipline, operations, access approval, maintenance and control of earth station access to space segment capacity. These procedures are considered expedient and necessary to ensure that Devas, its users, customers, contractors, lessees, agents and assignees derive the use of satellite resources covered by this agreement, to prevent interference to other users of the system. The Earth Station Standards (ESS) and Satellite System Operation guide (SSOG) modules for the spacecraft shall be prepared by Devas based on the spacecraft technical data provided by Antrix and shall be made available to Antrix for review and comment and the same shall become a part of this agreement after its finalisation.

Devas shall implement appropriate operational procedures required for the compliance with the technical and operational conditions specified in this agreement.

Each earth station, which shall utilise the leased capacity, shall satisfactorily complete or have completed earth station testing to verify compliance with the performance characteristics as defined above; and be operated and maintained in accordance with the applicable provisions as defined in the documents referred in paragraph (b) above.

Article 15, titled “Use of Leased Capacity”, says Devas shall ensure that the use of the leased capacity is strictly in accordance with the letter and spirit of this agreement, and in accordance with laws.

Article 16, titled “Assessment of Technical Performance of the Leased Capacity”, sets down that both parties hereby agree to conduct in-orbit tests from INSAT-Master Control Facility, Hassan, India to verify and accept the in-orbit performance specifications and deviations, if any, of the leased capacity, as per procedures to be jointly agreed upon. These procedures shall be generated within 12 months following the execution of this agreement and these shall become a part of this agreement. These tests shall be conducted within 60 days following the positioning of the PS1 spacecraft in its designated orbital slot. Such tests may also be conducted periodically afterwards to assess the in-orbit performance specifications of the leased capacity as and when considered to be necessary by both parties.

Sub-licensing
Antrix may sub-license, assign or sell any or all of its rights under this agreement without any approval from Devas provided Antrix provides Devas with at least 60 days prior notice of the same and provided further that Antrix undertakes and shall cause its assignee to undertake that the terms of this agreement and all related agreements are enforceable in terms thereof and will continue to be upheld in accordance with the laws and regulations of India. Devas may sub-license, assign or sell any and all of its rights under this agreement without any approval from Antrix provided Devas provides Antrix with at least 60 days prior notice of the same and provided further that Devas undertakes and shall cause its assignee to undertake that the terms of the agreement and all related agreements are enforceable in terms thereof and will continue to be upheld in accordance with the laws and regulations of India.

******
New Delhi, December 23, 2017 12:44 IST
Updated: December 23, 2017 12:44 IST
http://www.thehindu.com/news/nation...ranted-bail/article22265703.ece?homepage=true

Former ISRO chairperson G. Madhavan Nair was on Saturday granted bail by a Delhi court in the sensational Antrix-Devas deal case in which a loss of ₹578 crore was caused to the exchequer.

Special Judge Santosh Snehi Mann granted the relief to Nair on a personal bond of ₹50,000 and two sureties of the same amount.

During the proceedings, the CBI informed the court that two accused could not be served summons as they had settled in the U.S., and the process was still on to execute the summons to them.

The court, meanwhile, took a strict view over the non-appearance of accused Veena S. Rao, a former additional secretary in the Department of Space (DoS), on the ground that she had a meeting with the Karnataka chief minister.

“She (Rao) should be careful about her decisions...Since it is her first appearance after the summons, she is exempted,” the judge said.

The probe agency opposed the bail plea, saying they were high profile people and may flee if released on bail.

However, except three accused, the court granted bail to the rest who appeared before it, including A. Bhaskar Narayana Rao, the then-director in ISRO and K.R. Sridhar Murthy, the then-executive director of Antrix.

The court had on September 16 summoned Nair and others as accused while taking cognisance of the CBI charge sheet which alleged that Nair and other officials of Indian Space Research Organisation (ISRO) and the Department of Space (DoS) wrongfully leased out S-Band, a restricted wavelength of the INSAT satellites, to Devas Multimedia by Antrix.

The cognisance of the final probe report was taken after the CBI apprised the court that it had secured the requisite sanction from the authorities concerned to prosecute the former officials of premier space organisations.

The FIR was filed on March 16, 2015 against Nair and others accusing them of facilitating “wrongful” gain of ₹578 crore to private multimedia company Devas by Antrix, the commercial arm of ISRO.

The probe agency had on August 11 last year filed a chargesheet against the accused, alleging they had caused a loss of ₹578 crore to the exchequer by abusing their official position to favour a private company.

The case relates to leasing of S-Band, a restricted wavelength of the INSAT satellites to deliver video, multimedia and information services to mobile receivers in vehicles and mobile phones to Devas Multimedia by Antrix.

 

[Hindustani78]

https://www.thehindu.com/news/natio...orture-of-nambi-narayanan/article24943213.ece

Former ISRO scientist Nambi Narayanan. File. | Photo Credit: S MAHINSHA

New Delhi, September 14, 2018 11:17 IST
Updated: September 15, 2018 18:42 IST

The court observes that the former ISRO scientist was "unnecessarily arrested and harassed" and awards ₹50 lakh in compensation for the "mental cruelty" he suffered all these years.

Space may have lost one of India’s best minds, Nambi Narayanan, to a criminal frame-up based on “some kind fancy or notion”, the Supreme Court held on Friday.

Over 24 years after Mr. Narayanan’s career got “smothered” in the infamous ISRO (Indian Space Research Organisation) spy scandal case, a three-judge Bench led by Chief Justice of India Dipak Misra found him a victim of trumped-up allegations of espionage by the Kerala police.

The court ordered the State of Kerala to pay him Rs. 50 lakh as compensation within the next eight weeks for loss of his fundamental right to live with dignity and self-respect for all these years since his arrest on November 30, 1994.

The Bench agreed with Mr. Narayanan that a mere compensation in money does not serve him complete justice. Mr. Narayanan had argued that prosecution launched by the Kerala police had a “catastrophic effect” on his career and personal life besides setting back the technological advancement in space research.

At the time of his arrest on November 30, 1994, Mr. Narayanan was working on cryogenic engine technology at ISRO.

Police accuse him of passing on documents to Pakistan

The police accused him of passing on documents and drawings of ISRO relating to Viking/Vikas engine technology, cryogenic engine technology and PSLV flight data/drawings to Pakistan. The CBI, which took over the probe from the police, filed a closure report in 1996. Since then, Mr. Narayanan has fought to bring his accusers to justice.

To this end, the Supreme Court Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, appointed a three-member committee led by former apex court judge, Justice D.K. Jain, to find "ways and means" to bring to book the erring officials.

Mr. Narayanan, in his petition before the Supreme Court, has arraigned former Kerala ADGP Siby Mathews and K.K. Joshwa and S. Vijayan, who had retired in senior positions in the police, as responsible.

The Justice Jain committee would have an officer each nominated by the Central and the Kerala governments. The Centre would take care of their facilities and expenses.

Relief after almost a quarter of century
The relief comes almost a quarter of century after Mr. Narayanan began his legal battle.

In his 32-page judgment for the Bench, Chief Justice Misra said Mr. Narayanan’s case was that of a “successful scientist of national reputation compelled to undergo immense humiliation”. The court refers to the treatment meted out to the scientist while he was in custody as “psycho-pathological”.

The court said Mr. Narayanan’s struggle was a prolonged cry for justice.

“The criminal law was set in motion without any basis… His liberty and dignity, basic to his human rights, were jeopardised... Despite all the glory of the past, he was compelled to face cynical abhorrence,” Chief Justice Misra wrote.

 

[Hindustani78]

Following is the chronology of events in the 1994 espionage case in which former ISRO scientist S. Nambi Narayanan ordered a probe .

Oct 1994: French official related to Mécanique Aviation Traction or Matra arrested for allegedly obtaining secret drawings of rocket engines to sell to Pakistan.

Nov: Nambi Narayanan, director of cryogenic project at ISRO along with deputy director of ISRO D. Sasikumaran and American representative of United States of America space agency, CIA contractor and Arab official started investigation regarding French officials of Mécanique Aviation Traction or Matra are transferring rocket blue prints to Pakistan.

Jan 1995: French scientists and businessmen released info; the French Scientists to continue transfer of rocket technology to Pakistan.

Apr 1996: The Central Bureau of Investigation (CBI) files report before court, says espionage case is not false and there was evidence to back the charges.

May: Court accepts the CBI’s report and identified all accused.

Jun: Indian Government decides to conduct re-investigation of the case by the State police during Prime Minister Chandrasekhar period.

Nov: High Court dismisses the challenge, upheld government’s notification which was later quashed by the Supreme Court.

May 1998: Awards of ₹1 lakh to Mr. Narayanan and others, who investigated the case; Supreme Court directs the state government to pay the amount.

Mar 2001: Awards of ₹10 lakh, asks the state to pay damages; government challenges the order.

Sep 2012: HC directs the state to pay ₹10 lakh to Mr. Narayanan.

Mar 2015: HC leaves it to the state government to consider or not the CBI’s report for taking disciplinary action against the erring police officers.

Apr 2017: The Supreme Court begins hearing on Mr. Narayanan’s plea, seeking action against former Kerala DGP Siby Mathews and others who had probed the matter.

May 3, 2018: Three-judge bench comprising of Chief Justice Dipak Misra, Justices A.M. Khanwilkar and D.Y. Chandrachud says it is considering awarding Mr. Narayanan of ₹75 lakh and restoring his reputation.

May 8: SC says it is considering asking Kerala government to re-investigate role of SIT officers in the case.

May 9: SC says Mr. Narayanan has faced a dent in his reputation due to “malafide prosecution” and Kerala government cannot evade “vicarious liability” to grant him compensation.

Jul 10: SC reserves verdict on the plea; CBI tells SC it was ready for a Supreme Court-monitored probe into the allegations by Narayanan.

Sep 14: SC awards ₹50 lakh compensation to 76-year-old Mr. Narayanan for being subjected to mental cruelty in the ISRO spy case.

 

[Hindustani78]

https://www.thehindu.com/news/citie...r-sk-sharma/article25010554.ece?homepage=true

Acquitted in 1998, S.K. Sharma’s compensation case has seen little progress
On September 14, S.K. Sharma known as “the Bengaluru-based labour contractor” in the ISRO espionage case decided to come out of his self-imposed isolation, after the recent Supreme Court order on scientist Nambi Narayanan.

In 1998, after being acquitted of the charges (which the Supreme Court recently called a “criminal frame-up”), Mr. Sharma approached the City Civil Court seeking compensation of ₹55 lakh for the torture he had to undergo.

The case has seen little progress as Kerala authorities resorted to appeals to press for its rejection. Now, the Supreme court order has given fresh hope to the 62-year-old, who has run out of options to treat his Stage IV . As he narrates a tale of emotional, financial and physical pain, his stoic countenance breaks for a moment as he thinks of his wife and three daughters. “I want to clear my name... I want to leave something financially for my family,” he says.

Dragged into the net
It was an act of altruism that drew Mr. Sharma and his close friend Mr. Chandrashekar, who was then a liaison agent for Russian Space agency Glavcosmos, into the web spun by Kerala police. “One day, Chandrashekar informed me that a Maldivian woman he met at Trivandrum Airport had been duped by an agent who took ₹1 lakh promising admission into a private Bengaluru school. I knew those who ran the school and offered to help,” says Mr. Sharma.

In October 1994, the Maldivian was arrested for overstaying her visa, and an espionage racket was in focus. Mr. Narayanan and Mr. Chandrashekhar were arrested and by November, the Kerala police came knocking on his door in Bengaluru.“I was detained for two days during which they kept asking me about ISRO. I didn’t even know the full form of ISRO then,” he says in a voice showing the strain of nearly 45 rounds of radiation therapy in three years. The police told him to come to Thiruvananthapuram to make a formal statement.

Mr. Sharma went to Thiruvananthapuran, where he was charged on December 1 for leaking information to Pakistan. “They made me stand for three days. They would ensure I couldn’t sit or sleep. There was no food. Even the medicines I was taking for diabetes were not given,” he says. The aim was to get him to “become an approver” and implicate his friend, Mr. Chandrashekhar, who was being tortured.

Things took a different turn on December 4 when the CBI took over the case. Yet, as the cases remained, he and the others spent three months in jail. His wife, Kiran, who was then tending to their two-year-old third daughter, went from Bengaluru to Kochi nearly 25 times. Mr. Sharma’s father, who was an army officer, died around this time, and his mother-in-law slipped into a coma.

ISI links story
The story of his involvement as a “multi-millionaire business magnate with deep ISI links” had caught on even in jail. “One day, a man was following me around in jail. I asked him what he wanted. He said that the newspapers had said that Pakistan was sending a helicopter to rescue me and he wanted to come along,” he says. In 1996, the CBI filed a report saying the case had been fabricated and two years later, the courts acquitted them. But his reputation was lost. Mr. Sharma talks about attending court hearings in disguise, to escape violent mobs.

Now, after spending lakhs to treat his cancer, Mr. Sharma says he needs to win the defamation suit to ensure financial security.

The Kerala government sought its rejection but the city civil court turned down their plea. The appeals reached the Supreme court. “Three years ago, the Supreme Court upheld the civil court order and ordered a rehearing. But the Kerala authorities are delaying hearings,” says Tomy Sebastian, senior advocate representing him.

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https://www.thehindu.com/news/national/who-is-nambi-narayanan/article25016350.ece

September 22, 2018 19:43 IST
Updated: September 22, 2018 19:43 IST

It took him 24 years to clear his name in a spy scandal case. On September 14, the Supreme Court held that Indian Space Research Organisation (ISRO) scientist Nambi Narayanan was the victim of a criminal frame-up based on “some kind of fancy or notion.” A three-judge Bench, led by Chief Justice of India Dipak Misra, said the Kerala police had trumped up allegations of espionage against the scientist.

What is the case?
On November 30, 1994, Mr. Narayanan was produced before the magistrate court in Thiruvananthapuram by a Special Investigation Team (SIT) of the Kerala police on the charge of trading India’s space secrets to foreign agents for money and other enticements.

What was his position?
Mr. Narayanan, then 50, was the head of the ISRO’s promising Cryogenics Division and was on the ascendant in the organisation. More importantly, he was part of a group of top scientists whom the ISRO had tasked to scout for the cryogenic technology to propel the space programme to greater heights.

Why was he shamed?
Outside the court that day in 1994, the crowd grew restive as it spotted Mr. Narayanan hunkered down between officers in a police van. Salacious stories in the media about how a tall, athletic woman from the Maldives, Mariam Rasheeda, ostensibly working for Pakistan’s Inter-Services Intelligence, had enticed top ISRO scientists into selling her secret rocket technology triggered indignation. The mob greeted Mr. Narayanan with boos, jeers and catcalls. The police threw a human wall around him. The public shaming would haunt Mr. Narayanan and his family for years.

How did he fight it?
Mr. Narayanan’s struggle for redemption from the humiliation of the false charge ended this September. The police had subjected Mr. Narayanan to cruel “pscyho-pathological” torture in custody. Mr. Narayanan himself would recall later that his inquisitors had made him stand for hours at a stretch, deprived him of sleep and refused him water. They threatened to implicate his family and colleagues in the case if he did not confess to the imagined crime. The scientist endured 50 days as an undertrial in a prison cell.

Why did CBI close the case?
The Central Bureau of Investigation (CBI) took over the case immediately. In 1996, it closed the case citing lack of evidence. Its closure report doubled as a damning indictment of the police. It highlighted police lapses and questioned the dubious methods used by local investigators to validate what it called a trumped-up charge. Mr. Narayanan later told journalists that only some “half-wit” could have invented the case.

“How can I sell a technology [cryogenic] that was not existent in India in 1994? Why on earth would any entity want to cultivate me as a spy to sell them a technology [Vikas/Viking engine] which was available in the open market and as common as brinjal,” he asked.

What happens now?
Mr. Narayanan, who is 74, has, at a steep personal cost, successfully ended a protracted and bitter legal battle to restore his honour and bring his accusers to book. The successive governments in the State had been dismissive of Mr. Narayanan’s demand for action against the errant officers who ruined his life. In 1996, the State government disregarded the CBI’s closure report and ordered a fresh police inquiry against Mr. Narayanan and others. However, the Supreme Court halted the move.

The Supreme Court has decided to hold the errant officers accountable. It has formed a committee, headed by former Supreme Court judge D. K. Jain, to find “ways and means” of prosecuting them. It has also awarded Mr. Narayanan ₹50 lakh in compensation. However, the scientist says the case is far from over. The Jain committee is likely to look into the possible conspiracy behind the episode that dashed several reputations and ruined innocent lives, he feels.