The Nagpur Bench of the Bombay High Court upheld Nishant Agrawal’s life sentence for espionage, rejecting his bail and suspension pleas. Agrawal was convicted for leaking sensitive BRAHMOS missile information to the ISI.
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NAGPUR: The Nagpur Bench of the Bombay High Court upheld the conviction and life sentence of Nishant Agrawal, a former Senior System Engineer at BrahMos Aerospace Pvt Ltd, who was found guilty of spying for Pakistan’s intelligence agency, the ISI. Agrawal had been convicted for leaking highly sensitive information related to the BRAHMOS missile systems, one of India’s most crucial defense assets.
Judgment delivered on August 23, the Bench comprising Justices Vinay Joshi and Vrushali V. Joshi denied Agrawal’s plea for bail, emphasizing the paramount importance of national security in cases of espionage. The Court also rejected his plea to suspend the sentence, emphasizing the gravity of his offense.
National Security Takes Precedence Over Other Crimes
The Court made it clear that cases involving national security are of utmost concern and must be treated with the highest level of seriousness.
In its order, the Bench stated-
“The matter at hand is primarily concerned with the country’s security and safety, which must be treated with utmost seriousness. The potential impact of such a crime poses a significant threat to national security. In our opinion, issues of national security and safety are far more critical than even cases of gruesome murder. Therefore, we are not willing to take any risks that could jeopardize national security and safety.”
This statement reflects the Court’s stance that the implications of compromising national security far outweigh even the most heinous of crimes, such as murder. The Court’s decision reinforces the idea that safeguarding the nation’s security infrastructure is a priority that supersedes all other concerns.
Arrest and Conviction of Nishant Agrawal
Nishant Agrawal, who was employed in the technical research section of BrahMos Aerospace’s missile center in Nagpur, was arrested in 2018. His arrest was the result of a joint operation by Military Intelligence and the Anti-Terrorism Squads (ATS) of Uttar Pradesh and Maharashtra. The operation led to his being booked under multiple charges, including offenses under the Official Secrets Act (OSA), the Indian Penal Code (IPC), and the Information Technology Act (IT Act).
After a thorough trial, Sessions Judge MV Deshpande convicted Agrawal on June 3, sentencing him to life imprisonment. The conviction was based on strong evidence presented by the prosecution, which highlighted the severity of the breach in national security.
Defense Claims: Malware and Lack of Evidence
Following his conviction, Agrawal moved the High Court, seeking a suspension of his sentence. In his plea, he claimed that the sensitive data found on his personal laptop was the result of unintentionally downloading malware while searching for a job. He argued that there was no concrete evidence to suggest unauthorized transmission of classified information and pointed out the absence of external devices that could have facilitated such a data breach.
However, the Court found these arguments unconvincing. The prosecution had presented irrefutable evidence during the trial, demonstrating that Agrawal had access to classified information related to the BRAHMOS missile systems. Notably, 19 secret files were discovered on his personal laptop, of which 16 were labeled as “secret” and 3 as “restricted.”
Communication with Suspicious Entities
One of the key points that raised alarms about potential threats to national security was Agrawal’s communication with social media accounts linked to Pakistan. The prosecution revealed that Agrawal had accepted a friend request from a Facebook account created in Pakistan and had engaged in conversations with an individual named Sejal Kapoor without verifying her identity.
The forensic analysis of his laptop indicated that he had shared personal information and uploaded links containing classified data to his device, which was susceptible to malware. The report further indicated that the links installed on his laptop were capable of transmitting sensitive information to external servers.
The Court, in its detailed observation, noted-
“We have reviewed all the evidence and considered the opposing arguments. It is clear, at first glance, that the accused transferred confidential information onto his personal laptop. It is also established, and not contested, that he accepted a Facebook friend request from an account created in Pakistan.”
Breach of Confidentiality Training and Undertakings
Adding to the seriousness of the offense, the Court highlighted that Agrawal had received specific training on maintaining confidentiality and had signed an undertaking to protect classified information. Despite these precautions, he was found to have compromised the data, which underscored the recklessness of his actions.
Given the overwhelming evidence and the critical nature of the crime, the Court found it inappropriate to suspend Agrawal’s sentence.
The Bench asserted-
“Considering the overall circumstances, it is clear that there is no basis to form a prima facie opinion that the accused has a strong chance of success on appeal.”
- Senior Advocate S. Dave, along with advocate C.B. Barve, represented the convicted engineer, Nishant Agrawal.
- On the other side, Additional Public Prosecutor A.B. Badar appeared for the State, presenting the case against Agrawal.
