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Ocean survey espionage case runs into a wall

D Jose in Thiruvananthapuram

The Central Bureau of Investigation has reached a dead end in the controversial ocean survey espionage case, with the Union government showing little enthusiasm in extraditing two French nationals -- the main accused in the case.

The two French nationals, Francois Clavel and Elle Philip, were charge-sheeted along with Captain Furtardo of Goa and former member of Parliament, K V Thomas, for violating the Official Secrets Act by carrying out an "illegal" marine survey in the Indian territorial waters off Kochi in January 1996. Later, Clavel and Philip were allowed to go home by the Kerala high court on production of an undertaking by the French government that the two would be made available on May 10, 1998 to face the trial.

However, Clavel and Philip have not responded to several summons sent to them. The CJM, who was dealing with the case, had even issued an arrest warrant against the two and forwarded it to the French Embassy. The warrant was later cancelled on the argument of the defense counsel that it could not be implemented outside the country.

The absence of an extradition treaty between the two countries has made the matters more complicated. The undertakings the two accused and the French government gave in the high court, sources said, can't stand up to legal scrutiny.

The CBI case is that the survey the foreign team had conducted around the Southern Naval Base at Kochi constituted a grave security risk to the Indian naval operations and was prejudicial to the interest, sovereignty and integrity of the country and security of the state.

The CBI investigation found that the two French nationals had been able to get sensitive bottom profiles of the sea around the Naval Base.

One reason why the Indian Government is dragging its feet over the extradition is probably the cordial relations India enjoys with France. The support extended by the French Government to India over Pokhran and Kargil is too important to be frittered away.

CBI, meanwhile, has raised up its hands. "We will not be surprised if the government withdraws the permission granted to us for proceeding with the case in the present context," said a senior officer.

Under the circumstances, the only option open before the court is to split the case and proceed against the available accused after proclaiming the two accused French nationals as absconders.

This, according to legal circles, would reduce the case to a formality, as the presence of the first two accused is imperative for corroborating the charges.

The case had raised a lot of dust in Kerala because of the alleged involvement of Prof K V Thomas. Prof Thomas was subsequently denied a Congress-I ticket.

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