The Nagpur bench of the Bombay High Court has overturned the life sentence of former BrahMos Aerospace scientist Nishant Agarwal, ruling that prosecutors failed to establish any intention to compromise India’s national security. Agarwal was released from Nagpur Central Prison on Tuesday after the order was issued.
Agarwal, part of the core BrahMos missile team from 2014 to 2018, worked on highly classified missile delivery operations and was awarded the Young Scientist Award for 2017–2018. He was convicted last year for allegedly storing 19 confidential BrahMos missile files on his personal laptop and engaging online with a Pakistan-linked fake LinkedIn profile named “Sejal Kapoor.”
A Nagpur sessions court had sentenced him to life imprisonment under Section 66F of the IT Act for cyberterrorism. However, the High Court found no evidence showing that Agarwal copied files with the intent to leak them or threaten national security. The bench noted that investigators failed to connect the copying of files in 2013 with alleged contact in 2018.
The judges also observed that Agarwal’s official work computer contained far more classified material than what was recovered from his personal laptop, indicating no deliberate attempt to pass sensitive information to external actors. His conversations with “Sejal Kapoor,” the court said, revolved around overseas job prospects and did not demonstrate espionage intent.
The bench ruled that only Section 5(1)(d) of the Official Secrets Act—pertaining to negligence in handling classified information—was applicable. The offence carries a maximum penalty of three years, making the earlier life sentence unsustainable.
With the High Court setting aside all other charges, Agarwal’s life term was quashed, leading to his release.
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