NAGPUR: Sacked
BrahMos scientist Nishant Agarwal stepped out of Nagpur Central Prison on Tuesday evening after seven years, bowing briefly at the gates before leaving with his father-in-law.
Acquitted of charges of leaking classified missile information to Pakistani agents, Agarwal said, "Finally, justice was delivered to me and my family. The jail administration was fair, there's nothing to complain about."
A division bench of Justices Anil Kilor and Pravin Patil held the prosecution failed to establish intent on Agarwal's part to compromise national security and took cognizance of witness depositions that the former scientist had an impeccable record.
The judges noted that even though he worked on top-secret BrahMos projects and was part of the core team that delivered 70 to 80 missiles to the armed forces between 2014 and 2018, he did not copy or pass on hyper-sensitive data. Had there been any intent to transfer confidential data, the bench said, "he could have copied those documents onto his personal device".
Agarwal had been accused of interacting on Facebook with Pakistani handlers who posed as Indian women. The court, however, found he merely accepted friend requests from profiles named Pooja Ranjan and Neha Sharma and his alleged chats with another profile, ‘Sejal Kapoor', were related to job opportunities in the UK. The court also observed that there is no restriction on use of social media platforms or seeking jobs in any other establishment.
Witnesses, including senior officials, deposed that Agarwal had an impeccable record with annual reports describing him as "very good" or "outstanding." He had also been recommended for the Young Scientists Award in 2017.
The bench clarified that under Section 3(2) of Official Secrets Act, a presumption of prejudice to state security arises only when intent and knowledge are proven. "The character and conduct of the accused must be established before presuming the person's act was against the country's interest," the judges said, adding there was no adverse report from Intelligence Bureau or any other agency.
The court accepted that Agarwal's only lapse was failing to exercise adequate caution on social media, a negligence for which his three-year sentence has been upheld. His remaining convictions, including a 14-year sentence under the Information Technology Act for cyber terrorism, were quashed.
Get an chance to win ₹5000 Amazon Voucher by taking part in India's Biggest Habit Index! Take the survey here
Expand