Thread by @barandbench

Justice AM Khanwilkar led bench of the #SupremeCourt to shortly peruse the sealed cover report submitted by former Supreme Court judge, Justice DK Jain in the Indian Space Research Organisation (ISRO) espionage case

Centre had batted for strict action against delinquent police officials who had attempted to frame scientist, Nambi Narayanan in case such a recommendation has been made in the report by Justice Jain.

Solicitor General Tushar Mehta: eminent space scientist who was awarded padma vibhushan is involved

Justice Khanwilkar: we have seen the report. appropriate action will have to be taken on the basis of the report. we can ask the committee accordingly

Adv Amit Sharma: Please check the order by which the committee was formed. It was stated that the committee can meet in Delhi and then hold meetings in Kerala. Respondent 1 was never called (Siby Mathews)

Justice Khanwilkar: purpose of committee is to assist the court and not adjudicate

Adv Sharma: the committee met the petitioners

Justice Khanwilkar: report says its a serious matter which needs deeper investigation. we will not decide contentious issue in report. we will hear it thoroughly. purpose of committee is not to adjudicate to see justification given is plausible or not.

Justice Khanwilkar: it seems to suggests its a case of commission and omission, It will remain in sealed over and it will be given to CBI so that they continue probe and consider it as a preliminary report

Adv Sharma: please direct the report to not be published in media

Justice Khanwilkar: the report be kept in sealed cover. only one copy be given to the Solicitor General. This will have to be given to CBI too for proceeding in the matter in accordance with law

Justice Khanwilkar: In terms of September 18, 2018 order, the committee headed by Justice DK Jain, has submitted its report dated 25.03.2021 in sealed cover. We direct Supreme Court Registry to forward one copy of the report to the Director or Acting Director of CBI

Justice Khanwilkar: CBI will proceed in accordance with law. CBI will be at liberty to treat the report as a preliminary report and the copy of the report shall not be published or circulated in public.

Adv Renjith Marar: can we peruse the report in court?

#SupremeCourt : No, that report is in sealed cover. Let CBI decide since the committee states that it needs a CBI probe. accused is not supposed to be heard before the registration of offence

Adv Amit Sharma: will My Lords consider it to be a court monitored investigation?

Justice Khanwilkar: No, that is not required. CBI may do the needful and submit appropriate report to this court in 3 months from today.