Former ISRO scientist S Nambi Narayanan has faced a dent in his reputation in the espionage case due to "malafide prosecution" and Kerala government cannot evade "vicarious liability" to grant him compensation, the Supreme Court said today.
The apex court also said the state government may be asked to re-investigate the role of the then SIT officers who had framed the former scientist.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it could direct the recovery of the compensation either from the officers who were involved in the probe or the state government which cannot evade vicarious liability.
Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person.
"It is not the case that his (Naryanan) reputation was not dented. We can direct that his reputation be restored and for the loss of reputation we can give the compensation. There is direct judgement to this effect and direct recovery from those officers who were involved in the investigation of the case," the bench said.
The bench said there has to be a formulation in the law so that compensation can be quantified for the loss of reputation.
It said it could "also direct for criminal investigation by the state against the officers involved for malafide prosecution of the petitioner (Naryanan)."
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