A bench comprising Justices AS Oka and Augustine George Masih also sought an explanation from the Supreme Court Registry for failing to list all Special Leave Petitions (SLPs) filed by the National Investigation Agency (NIA) against the bail orders, despite repeated directives.
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NEW DELHI: The Supreme Court observed today (29th Nov) that the Kerala High Court made an error by granting bail to 17 accused Popular Front of India (PFI) members in Unlawful Activities (Prevention) Act (UAPA) cases, including those involved in the April 2022 murder of RSS worker Srinivasan in Palakkad.
RSS leader Srinivasan’s murder was reportedly an act of revenge for the killing of Social Democratic Party of India (SDPI) activist Subair, who had allegedly been hacked to death by RSS workers in Elappully, Palakkad. Srinivasan was killed at his motorbike shop on April 16, 2022.
The Court criticized the High Court for issuing a common judgment without individually assessing each accused’s role.
A bench comprising Justices AS Oka and Augustine George Masih also sought an explanation from the Supreme Court Registry for failing to list all Special Leave Petitions (SLPs) filed by the National Investigation Agency (NIA) against the bail orders, despite repeated directives.
During the hearing, Senior Advocate Raghenth Basant, representing some accused, expressed frustration over the Registry’s non-compliance with court orders.
Justice Oka acknowledged the concern, stating, “We are also wondering why these matters are not being listed.”
Basant highlighted that multiple orders had been issued, yet six out of 17 SLPs remained unlisted. The Court proceeded with the hearing of the listed cases.
Additional Solicitor General Raja Thakare represented the NIA, while Senior Advocate Aditya Sondhi appeared for some of the accused.
Justice Oka requested grounds for bail cancellation, noting the High Court’s lack of detailed reasoning: “There are no specific reasons recorded. The cases were clubbed together without assessing each accused’s role.”
Basant argued that paragraphs 34 to 37 contained the necessary reasoning, but Justice Oka disagreed.
The Court then passed an order demanding an explanation from the Registry for not listing the cases, setting deadlines:
“Despite repeated directions, six cases remain unlisted. The Registry must explain this.” These cases will now be heard on January 17, with a separate listing for bail denial appeals on December 13.
The Bench emphasized the need to evaluate each accused’s role individually, identifying this oversight as the High Court’s key mistake.
The Kerala High Court had granted bail to 17 individuals, including those accused in the murder and a broader conspiracy case involving PFI members, shortly before the organization was banned in September 2022. Among the accused was a High Court Advocate, allegedly involved in training the PFI’s murder squad.
