In a significant development, the Nagpur Bench of the Bombay High Court has set aside the conviction and 14-year rigorous imprisonment sentence of former BrahMos Aerospace scientist Nishant Agarwal, who was accused of leaking sensitive missile data to Pakistani intelligence operatives. The court acquitted him of the severe cyber terrorism charges while maintaining that he had illegally stored sensitive information on his personal device.
A Long Legal Ordeal Comes to an End
Speaking to the press, a relieved Kshitija, Nishant's wife, stated, "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." She added that the family had endured immense hardship and expressed hope that no one else would face similar trouble. The scientist's father, Dr. Pradeep Agarwal, echoed the sentiment, thanking the judiciary and their legal team for securing his son's release after years of anxiety.
Nishant Agarwal, originally from Roorkee, Uttarakhand, was arrested in October 2018 by a joint team of the Uttar Pradesh and Maharashtra Anti-Terrorism Squads (ATS). A promising scientist who had won the President's award and was newly married at the time, he was charged under Section 66F of the IT Act (cyber terrorism) and various sections of the Official Secrets Act. He remained in jail until securing bail in April 2023, only to be sent back after a sessions court in Lucknow convicted him in June 2024 and handed down the 14-year sentence. The case was later transferred to Nagpur as the alleged offence occurred there.
Key Defence Arguments and the CERT-In Testimony
Advocate Chaitanya Barve, who argued the appeal, said the formalities for Agarwal's release would begin once the written court order is received. He highlighted that a crucial part of the defence was the deposition of an expert from CERT-In (Indian Computer Emergency Response Team). The expert testified that forensic analysis showed no data from Agarwal's laptop had been transferred to any other device.
"This assertion was key to arguing that there was no evidence of information actually being leaked to an enemy agent," Barve explained. He added that they would also challenge the conviction related to merely possessing data on a personal device. The scientist was represented in the High Court by senior counsel Sunil Manohar, with Barve assisting.
Broader Targeting of BrahMos and Security Protocols
During the appeal, the defence revealed that the Pakistani operatives had attempted to contact other BrahMos Aerospace Private Limited (BAPL) officials, not just Agarwal. The same fake social media profiles used to approach him were found in the friend lists of other employees, suggesting a systematic infiltration attempt.
According to the prosecution, operatives posing as women named Neha Sharma, Pooja Ranjan, and Sejal Kapoor contacted Agarwal on social media. They allegedly enticed him with fake overseas job offers and used malware embedded in apps like Qwhisper, Chat to Hire, and X Trust to extract data from his personal computer, violating BAPL's strict security protocols which bar transferring official material to personal devices.
However, sources within BAPL told reporters that no classified information was compromised. They clarified that while Agarwal did store some material on his personal device, its value to adversaries would have been limited as individual, junior-level employees like him do not have access to complete or critical data sets. The organization employs a multi-layered security system to prevent unauthorized data leakage.
The High Court's decision brings closure to a nearly six-year legal battle that derailed the career of a bright young scientist, who lost his job at the Indo-Russian joint venture soon after his arrest. The court's ruling underscores the critical distinction between unauthorized data storage and proven espionage.
