In a significant verdict, the Nagpur bench of the Bombay High Court has set aside the conviction and 14-year sentence of former BrahMos Aerospace Private Limited (BAPL) scientist Nishant Agarwal, who was accused of leaking missile-related information to Pakistani intelligence operatives. The court acquitted him of severe charges under the Information Technology Act and the Official Secrets Act, bringing a prolonged legal ordeal for his family to a close.
A Long Legal Battle Ends in Relief
Nishant Agarwal was first arrested in October 2018 by a joint team of the Uttar Pradesh and Maharashtra Anti-Terrorism Squads (ATS). He remained in judicial custody until securing bail in April 2023. However, in a setback in June 2024, a sessions court in Nagpur convicted him on all counts, including cyber terrorism, and sentenced him to 14 years of rigorous imprisonment. This conviction has now been overturned by the High Court.
"Finally, the ordeal seems to be over. Let me get the order copy in my hand first to know what exactly the court has ruled," said Kshitija, Agarwal's wife, speaking to TOI. She expressed the family's collective suffering and relief, stating, "We have gone through enough, and I only wish that no one else should face such trouble."
His father, Dr. Pradeep Agarwal, echoed the sentiment, thanking the judiciary and their legal team. "Emotions ran high among the rest of the family members too. I can only thank the judiciary and the efforts put in by the lawyer in securing his release. It's finally over, I wonder now," he said.
The Case: Allegations, Defence, and Court's Findings
The case, initially filed in Lucknow and later transferred to Nagpur as the alleged place of offence, revolved around accusations that Agarwal leaked sensitive BrahMos missile data to Pakistani intelligence operatives posing as women named Neha Sharma, Pooja Ranjan, and Sejal Kapoor on social media. Investigators claimed he was lured with promises of a foreign job, and malware-infected apps were used to extract data from his personal computer.
However, the defence, led by senior counsel Sunil Manohar and advocate Chaitanya Barve, presented a key argument that swayed the High Court. A crucial deposition came from a CERT-In (Indian Computer Emergency Response Team) expert, who testified that forensic analysis showed no data from Agarwal's laptop had been transferred to any external device. This was central to countering the charge of actually leaking information to an enemy agent.
While the High Court set aside the findings related to cyber terrorism and espionage, it maintained that Agarwal had illegally stored sensitive official data on his personal device, a violation of BAPL's strict security protocols. Advocate Barve stated they would also challenge this remaining conviction.
Broader Implications and Organizational Security
During the appeal hearing, the defence highlighted that the fake profiles used to contact Agarwal were also found in the friend lists of other BAPL employees, suggesting a systematic targeting effort by hostile elements. This raised questions about broader vulnerability.
Sources within BrahMos Aerospace, however, sought to downplay the severity of the potential breach. They told TOI that no classified information was compromised and that the material Agarwal stored on his personal device would have been of limited value. They emphasized the company's multi-layered security system and noted that Agarwal, a relatively junior scientist, did not have access to complete or high-grade sensitive data.
The scientist, a bright student from Roorkee, Uttarakhand, and a recipient of the President's award, lost his job with the Indo-Russian joint venture soon after his arrest in 2018. Advocate Barve confirmed that formalities for his release from jail would begin once the detailed court order is received.
