The Kerala State Women's Commission has, on humanitarian grounds, sought the release of Mariam Rasheeda and Fouzia Husain, the two Maldivian women languishing in the jail since October 20, 1994 in connection with the Indian Space Research Organisation espionage case.

Commission chairperson Sugathakumari on Thursday submitted the recommendation to the state government, stating it was unfair to jail the two foreign women when the other four accused in the case were free. Freedom should not be denied to the Maldivians just because they are women and foreigners, the commission stated. The recommendations were made after consulting the women and the law department.

However, the women still have two defamation cases pending against them. Ahead of them lies a possible reinvestigation of the case, ordered by the Kerala government. The accused have already challenged the new probe in the Supreme Court, the hearing for which comes up on September 8.

The two women had been cleared of espionage charges on May 1, 1996, on the basis of the final report filed by the Central Bureau of Investigation. Charges against the other accused -- senior lSRO scientists Nambi Narayanan and Sasikumaran and businessmen K Chandrashekhar and Sudeer Kumar Sharma -- were also dropped on the basis of the report. The CBI said charges against the accused were false and the evidence fabricated.

However, the Communist-led government which assumed office on May 16, 1996, termed the report baseless and ordered a reinvestigation. The Kerala high court ratified the government decision on November 26, 1996.

The state government feels that, if the women are released, it will be difficult to bring them back for further investigations.

The commission, however, feels an agreement can be reached with the Maldivian authorities to ensure the presence of the women in the Indian courts.

The sensational case began soon after Mariam Rasheeda's arrest by the Vanchiyoor police in October 1994 on charges of overstaying in the country. Soon after her interrogation, the police arrested Fouzia Husain and the other four accused.

Interestingly, even the case alleging the two women overstayed in India was dismissed.

Several human rights organisations in the state pleaded their cause, to no avail. The commission has now given the government 30 days's time to take a decision, failing which it might move a court of law.