RSS leader Sreenivasan's murder: Kerala High Court denies bail to 3 PFI members

The Kerala High Court recently refused to grant bail to three Popular Front of India (PFI) members accused of conspiring to murder Rashtriya Swayamsevak Sangh (RSS) leader Srinivasan at Palakkad in 2022 [Abdul Kader & anr v Union of India & anr and connected cases].

A Division Bench of Justice Anil K Narendran and Justice Muralee Krishna S dismissed separate appeals filed by Ashraf S @ Karamana Ashraf Moulavi (accused no 2), Abdul Khader @ Iqbal (accused no 19) and Frioz @ Thampi (accused no 20).

The three accused had challenged a special NIA court's refusal to grant them bail.

RSS leader Sreenivasan was murdered on April 16, 2022. The case was investigated by the National Investigation Agency (NIA).

According to the prosecution, PFI leaders and members had collected information about several Hindu leaders in Palakkad through a group allegedly called the 'Reporter Wing' and identified possible targets.

A conspiracy was allegedly then hatched to murder a prominent leader of the Hindu community to create terror among the community and the public, which ultimately resulted in Srinivasan's murder.

Ashraf, who was allegedly the National In-Charge of PFI's Education Wing and Vice-President of the All India Imams Council, is accused of being part of the larger conspiracy to recruit PFI cadres, and for arranging and supervising arms training.

Abdul and Firoz are accused of being directly involved in the events leading up to Srinivasan's murder. It is alleged that they both attended conspiracy meetings before the murder and travelled with the assailants towards the scene of the crime.

Firoz has also been accused of carrying lethal weapons and assisting the 'assault team' that allegedly killed Sreenivasan.

The accused had sought bail, citing the time they had already spent in custody and the delay in the completion of the trial.

The High Court, however, refused to interfere with the special court's decision to deny them bail.

It held that long incarnation and delay alone could not justify bail in this case, particularly due to the seriousness of the offences alleged against the accused, which included murder, and criminal conspiracy under the Indian Penal Code, 1860 and offences under the Unlawful Activities (Prevention) Act, 1967 (UAPA), relating to terrorist acts and conspiracy, some of which carry a maximum punishment of death or life imprisonment.

The accused had also argued that some of their co-accused had already been granted bail, while seeking similar relief.

The Court rejected this argument, holding that bail granted to one accused cannot automatically be extended to another merely because they are accused in the same case.

It said that the specific role of each accused in the alleged offence, their position in relation to the incident and the gravity of the charges against them have to be considered separately.

"Parity is not the law. While applying that principle, the court is required to focus upon the role attached to the accused whose application is under consideration," the Court said.

Consequently, the Court refused to grant bail to the three accused.

Senior counsel Aditya Sondhi, along with advocates EA Haris, PP Haris and Renjith B Marar, Aaagi Johny appeared for the appellants (accused).

Senior counsel Sasthamangalam S Ajithkumar appeared for the NIA.

[Read Judgments]