Bombay High Court Overturns Life Sentence of Former BrahMos Scientist
Court Ruling on Nishant Agarwal's Case
After more than seven years since his initial arrest and the filing of a case under the Official Secrets Act (OSA), the Bombay High Court's division bench has annulled the life sentence of former BrahMos Aerospace scientist Nishant Agarwal. The Nagpur bench of the Bombay High Court stated that Agarwal did not act against national interests in the espionage case.
However, the court upheld Agarwal's conviction for negligence.
In June of the previous year, a sessions court sentenced Nishant Pradeep Kumar Agarwal, a former engineer at BrahMos Aerospace Private Limited, to life imprisonment. He was arrested in 2018 on charges of spying for the Pakistani intelligence agency ISI.
The High Court, while partially overturning Agarwal's conviction, noted that the prosecution failed to present any evidence indicating that he posed a threat to "the unity, integrity, security, or safety of India" or that he spread terror within society.
The bench, comprising Justices Anil Kilor and Praveen Patil, cleared Agarwal of major charges under the Information Technology Act and the Official Secrets Act, thereby nullifying his life sentence. Nonetheless, the bench maintained Agarwal's conviction under Section 5(1)(D) of the OSA, which pertains to negligence and failure to adequately safeguard sensitive information.