The Thalassery court in Kerala acquitted 13 NDF activists in the 2005 murder of RSS leader T Ashwini Kumar, citing investigation flaws. Only one accused, MV Marshook, was convicted, with sentencing set for November 14. Political leaders criticized the acquittal, alleging bias. The prosecution plans to appeal, citing “religious intolerance” as the motive behind Kumar’s murder.
Kerala: In a significant ruling, the Thalassery Additional District and Sessions Court in Kerala acquitted 13 activists of the National Development Front (NDF) in connection with the 2005 murder of Rashtriya Swayamsevak Sangh (RSS) leader T Ashwini Kumar. The court found only one of the 14 accused, MV Marshook, guilty, with his sentencing scheduled for November 14. The National Development Front, which later became the now-banned Popular Front of India (PFI), had been under scrutiny for Kumar’s murder, an incident that has been linked to political tensions and communal unrest.
Kumar, 27 at the time of his death, held prominent positions as the RSS Kannur district boudhik pramukh and as the district convener of the Hindu Aikya Vedi. A respected figure in Kannur, he was known as a “spiritual orator” and served as a private college lecturer. On March 10, 2005, while traveling by bus near Iritty, Kannur, Kumar was attacked in broad daylight. Assailants halted the bus, and four individuals boarded to hack Kumar to death, while others threw crude bombs outside to disperse passengers and witnesses.
The police investigation established that Kumar had no criminal record and was not involved in any personal disputes with the accused or the NDF. Yet, a history of local clashes between RSS and NDF workers added context to the incident. In 2004, for example, NDF worker PV Muhammed was allegedly killed in clashes involving RSS and BJP members. This background, according to prosecutors, pointed to “religious intolerance” as the murder’s underlying motive.
Trial proceedings faced years of delay, with the police filing a chargesheet in 2006, but both the first and second accused, PV Azeez and Nuhil Ameen, remained absconding until their eventual surrender in 2012. Despite the surrender, authorities did not detain or interrogate them. Special public prosecutor Joseph Thomas highlighted these investigative flaws, stating, “The motive of the murder was religious intolerance… When the key two accused surrendered years later, police did not question them.” He confirmed that the prosecution intends to appeal the verdict.
Prominent political figures expressed dissatisfaction with the court’s decision. BJP state president K Surendran criticized the ruling, calling it “disappointing” and implying the ruling government’s leniency toward the accused. “The verdict shows that the Left government had played footsie with the PFI,” Surendran stated, reflecting concerns over political bias.
The case’s prolonged history underscores challenges in investigating and prosecuting cases involving political and communal tensions. In the years since the murder, the broader backdrop of violence between local factions in Kannur has continued. Despite Kumar’s acquittal of all but one of the accused, the prosecution remains intent on appealing, suggesting that the case’s complex socio-political implications are far from resolved.
As the sole convict awaits sentencing, the case sheds light on gaps in law enforcement and the difficulties in securing convictions in politically sensitive cases. With the prosecution’s intent to appeal, the issue remains significant for both the local community and the broader discourse on justice and political accountability in India.
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