Today, On 16th April, In the RSS leader Srinivasan murder case, the Supreme Court refused to entertain the NIA’s plea against bail granted to PFI members. The Court said the special court would be the more appropriate forum to seek bail cancellation.
New Delhi: The Supreme Court declined to entertain petitions from the National Investigation Agency (NIA) challenging the bail granted to 17 members of the Popular Front of India (PFI) in connection with the 2022 murder of RSS leader Srinivasan in Kerala’s Palakkad district.
A bench consisting of Justices Abhay S. Oka and N. Kotiswar Singh observed that the Kerala High Court’s bail order is one year old and that the High Court has the authority to revoke bail if conditions are breached.
The bench stated,
“Our attention is invited to the observation made in the last part of the impugned order by which the high court has reserved liberty to the petitioners to apply to the special court for cancellation of bail. Therefore, the petitioners can always apply to the special court for cancellation of bail on the grounds which are set out in the affidavits filed in these petitions. In fact, the special court will be the more appropriate court,”
The Supreme Court mentioned that the NIA could present evidence to the special court regarding any violations of bail conditions by the accused.
The bench added,
“Therefore, at this stage we decline to entertain the special leave petitions with liberty to the petitioners to move the special court/high court for cancellation of bail. Needless to say that if the prayer made by the petitioner does not succeed before the special court/high court, remedies of the petitioners remain open,”
Furthermore, the court clarified that when an application for bail cancellation is made, the special court or high court should not be influenced by the fact that the Supreme Court has chosen not to entertain the current special leave petitions.
Also Read: [2022 RSS Leader Murder Case] NIA Moves SC Challenging 17 PFI Members’ Bail
During the hearing, Additional Solicitor General Raja Thakare, representing the NIA, requested the cancellation of bail, asserting that the accused had violated bail conditions by contacting witnesses. The Kerala High Court had granted bail to the 17 accused PFI members on June 25, 2024, who are also facing charges for allegedly inciting communal violence in the state and beyond.
While granting bail to 17 of the 26 accused, the High Court imposed strict conditions, including the requirement to share their cell phone numbers and real-time GPS locations with the investigating officer.
Additionally, the accused were ordered not to leave Kerala, surrender their passports, and keep their cell phones charged and active at all times. The court instructed the 17 to “present themselves before the special court which shall enlarge them on bail on such conditions as the special court may deem necessary.”
Initially, 51 individuals were charged in connection with Srinivasan’s murder on April 16, 2022. One of the accused has died, while seven others are still at large. Chargesheets were filed against the remaining individuals in two phases in July and December 2022.
During the investigation into the murder, the Centre received information indicating that PFI leaders and members in Kerala had conspired to incite communal violence and radicalize their cadres to commit terrorist acts across the country, as noted by the High Court.
Also Read: [2022 RSS Leader Murder Case] Kerala High Court Grants Bail to 17 Accused PFI Members
Consequently, in September 2022, the Centre directed the NIA to take over the investigation against the accused. On December 19, 2022, the Centre suggested that there was a larger conspiracy involving PFI leaders with “grave national and international ramifications” that required thorough investigation to uncover the broader conspiracy and identify additional accused individuals.
The NIA subsequently filed its consolidated chargesheet in 2023, along with two supplementary chargesheets. Following the filing of these chargesheets in the special court, the accused sought bail.