[Sabarimala Violence] Kerala High Court quashes case against Hindu Aikya Vedi leader KP Sasikala

The Kerala High Court recently quashed the proceedings against Hindu Akiya Vedi leader KP Sasikala, and General Convenor of Sabarimala Karma Samithi, SJR Kumar, for calling a dawn-to-dusk hartal to protest against the implementation of the Supreme Court decision to permit entry of women to the Sabarimala Temple in 2018 [KP Sasikala & Anr. v State of Kerala]..Justice Ziyad Rahman AA opined that the allegations against the petitioners were not substantiated in the final report and therefore, allowed their plea to quash the case registered against them. "Thus, after examining all the relevant inputs, I am of the firm view that none of the offences alleged against the petitioners are attracted. The prosecution against the petitioners in pursuance to Annexure-B (final report) is a clear abuse of process of law. In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 CrPC," the order stated. .Sasikala and Kumar were accused nos. 1 and 2 in a crime registered alleging offences under Sections 294(b) , 506(i), 427 read with 34 of the Indian Penal Code.The prosecution allegation was that two of the petitioners' co-accused vandalised an auto-rickshaw belonging to the de-facto complainant during a hartal that was purportedly called for by the petitioners.Advocate Sajith Kumar V, appearing for the petitioners, argued that the contents of the final report did not reveal that the petitioners had any role in commission of the alleged offences. On the other hand, Public Prosecutor Nima Jacob argued that the level of involvement of the petitioners is a matter for trial and therefore, sought dismissal of the plea. .The Court, upon going through the final report, noted that the only allegation against the petitioners was that they called for the hartal. The allegations which constitute the offences are in respect to the actions of the other accused persons. "Apart from the mere statement that the petitioners have called for harthal, there is absolutely nothing is mentioned in the final report indicating the culpability of the petitioners. As far as the allegation of calling for harthal is concerned, the same by itself cannot be an act attracting any of the offences alleged," the Court noted in its order.It was also brought to the notice of the Court that a single-judge of the Court had quashed the proceedings against Sasikala in a case with similar allegations. Therefore, the Court allowed the plea and quashed the proceedings against the petitioners..[Read Order]