The Bombay High Court recently declared the life imprisonment of former BrahMos Aerospace scientist Nishant Agarwal, who was convicted for allegedly spying for the country of Pakistan.
Agarwal had been arrested in 2018 for allegedly leaking classified missile-related information to the operatives who are actually linked with Pakistan.
In 2024, a Nagpur court sentenced him to life imprisonment under the charges of cyber terrorism and also under the violations of the Official Secrets Act.
The case has also attracted significant attention due to its impact on national security and the sensitive defence technology involved.
The High Court’s decision had been primarily focused on the lack of clear evidence, thus proving that Agarwal had not transmitted any classified data to a foreign power.
While it was established that he also transferred files from his official laptop to a personal device, there was no proof that these files had reached Pakistani agents.
The court had also emphasised that possession of data alone does not constitute the idea of cyber terrorism without intent and any kind of verified transmission.
Consequently, the more severe charges under the IT Act and the Official Secrets Act were quashed.
However, Agarwal’s conviction under a lesser offence, that is, for unauthorised possession of classified information, was taken forward.
Since he had already spent over six years in custody, which exceeded the sentence for the concept of minor offence, the court has thus ordered his immediate release.
This ruling highlights the importance of strong technical evidence in any kind of national security cases. It also reinforces that courts must be presented with proper proof rather than just assumptions, even in sensitive espionage matters.
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