In a significant verdict, the Nagpur bench of the Bombay High Court on Monday acquitted former BrahMos Aerospace scientist Nishant Agarwal of grave charges of espionage and cyber terrorism, marking a partial relief in a case that has stretched over seven years. The court, however, upheld his conviction under the Official Secrets Act for possessing classified information on a personal device, sentencing him to three years imprisonment.
A Long Legal Battle Concludes
Nishant Agarwal, a former scientist with the Indo-Russian joint venture BrahMos Aerospace Private Limited, was first arrested in October 2018. A sessions court had convicted him in June 2024, handing down a severe 14-year sentence for allegedly passing missile secrets to Pakistani intelligence and for cyber terrorism. The High Court, hearing his appeal, set aside these convictions but maintained that he illegally held sensitive data, invoking Section 3(1) C of the Official Secrets Act.
Having already spent a longer period behind bars since his arrest, the ruling paves the way for his imminent release, as confirmed by his legal team. Agarwal remained in custody until securing bail in April 2023, only to be sent back to prison following the trial court's conviction last year.
The Core of the Defence
Advocate Chaitanya Barve, who argued the appeal, highlighted a crucial deposition from an expert at India Computer Emergency Response Team (CERT-In). The expert testified that none of the information from Agarwal's laptop was transferred to any other device. "This point was stressed to prove there was no leakage of information to an enemy agent," Barve stated. He added that the conviction for illegally holding information on a personal device would also be challenged in due course.
The case originated when a joint team of the Uttar Pradesh Anti-Terrorist Squad and Maharashtra ATS arrested Agarwal at dawn on a Dussehra holiday in 2018 after interrogation. A young award-winning scientist, married for less than a year at the time, he faced charges under the IT Act for cyber terrorism and multiple sections of the Official Secrets Act.
Allegations and Fallout
According to the Maharashtra ATS, Agarwal was allegedly in contact with two Pakistani intelligence operatives posing as women named Neha Sharma, Pooja Ranjan, and Sejal Kapoor on social media platforms like Facebook. Posing as recruiters offering an overseas job, they purportedly used malware embedded in apps like Qwhisper, Chat to Hire, and X Trust to extract sensitive missile-related data from his personal computer, bypassing BrahMos Aerospace's strict security protocols.
The legal ordeal cost Agarwal his prestigious position at BrahMos Aerospace soon after his arrest. He was represented in the High Court by senior counsel Sunil Manohar, with Barve assisting. The defence's successful appeal against the major charges brings a complex chapter to a close, though the fight against the remaining conviction continues.
