So Many People Behind Bars Only Because Person Killed Had Particular Political Philosophy: Supreme Court To NIA While Granting Bail To PFI Leaders In RSS Worker Murder Case
The Supreme Court, today, came down heavily on the NIA while granting bail to two PFI leaders who are accused of the murder of RSS worker Sreenivasan and also in the larger conspiracy case.
The Bench of Justice Abhay Oka and Justice Ujjal Bhuyan told the NIA that it is keeping a large number of people behind bars for the murder because of the political philosophy of the person murdered. The Court also said that no person can be kept behind bars for their ideology.
Senior Advocates Aditya Sondhi and Raghenth Basant appeared for the petitioners, while Additional Solicitor General Raja Thakare appeared for the National Investigation Agency (NIA).
While considering the bail plea of PFI leader Yahya Thangal, the Court was told that his criminal antecedents are only cases related to protests. The ASG told the Court that he was first arrested in the larger conspiracy case (India 2047 case), and thereafter, his role was revealed in the murder of Sreenivasan.
About his role in the murder, the ASG submitted that as per an approver's statement, after the murder of one PFI leader Subair, seven teams set out to search for a victim to murder and Yahya Thangal and Abdul Rauf were part of a team that considered whom to murder in retaliation. It was alleged that the decision to murder Sreenivasan was taken by a team, including both of them, inside the hospital compound where the body of Subair was kept.
"Going by this, the assassination takes place somewhere else, these people (accused) are sitting somewhere else. How can they be made responsible? We can understand if the approver says that they were sitting at the very place where the murder happened. They are holding a meeting somewhere else", Justice Oka asked.
"They are accused of killing one man. Murder is only of one man", Justice Oka further said.
Justice Oka also said that the approver's statement does not show that the accused communicated to the hit team to kill Sreenivasan.
The ASG told the Court that the conspiracy was to murder any Hindu within 24 hours, and hence, the body of Subair was not sent for burial till then.
"One man is killed, how many people do you want to put behind the bars?" Justice Oka asked.
"These are the decision making people, they are persons who are making the decisions. They are the leaders. Leaders do not go on the field. They have separate teams. They have got teams which will go and inspect, teams to execute", the ASG submitted.
"This is not preventive detention. Ultimately, how long...?", Justice Oka asked.
"In such a case, where the conspiracy is to kill, to take revenge, you have to kill some Hindu in 24 hours. They have got a hit list of the people. Therefore, it is not only related to the murder, it is related to the larger conspiracy of the agenda of 2047", the ASG submitted.
The ASG then read the statement of one more protected witness.
Justice Okay said that there is no statement on the part of the witness that the decision to murder was communicated to the hit team. The ASG responded by saying that everything may not be reflected in the witness's statement.
"How many people do you want to keep behind the bars. It is only because the person killed has particular political philosophy, therefore, all these are happening. So many people you are putting behind the bars. This is obvious", Justice Oka said and proceeded to pass an order granting bail to Yahya Thangal and Abdul Rauf on the same terms as the bail granted this week to other accused in the case.
With respect to Abdul Sathar, who is the petitioner in another appeal, the ASG objected by saying that he has 71 criminal cases against him.
Senior Advocate Aditya Sondhi, appearing for the accused, told the Court that the cases are in relation to a Hartal in the state, registered pursuant to the High Court's order.
"He is the leader. His participation is there in everything. All protests are in respect of their agenda. Again and again, at the cost of repetition, I am saying. There are seven cases under Section 353. There are three cases under Section 153", the ASG submitted.
"But he is on bail in all these cases", Justice Oka said.
"That is the unfortunate part of it. He goes on repeating the offences. There is no other means, that he can be kept behind bars to prevent him from committing any offences", the ASG submitted.
Justice Oka responded, "That is the problem with the approach. Approach is, we will keep a person behind the bars..."
Justice Ujjal Bhuyan then said, "Prosecute the person, complete the trial, convict him. The process cannot become punishment".
Justice Oka said, "For ideology, you can't keep somebody in jail. That is the trend we find. It is because they have adopted a particular ideology..."
The ASG responded, "But pursuant to that, very serious offences take place."
"Only one murder so far. One murder. Is there any allegation of multiple murders, etc.?" Justice Oka asked.
The ASG added that the photo of murdered Sreenivasan was found on the mobile phone of the said accused.
The Court then passed an order recording that no direct role is attributed to the accused in the murder of Sreenivasan and that the allegations of antecedents arise out of protests. The Court thus granted bail to Abdul Sathar.
The Court adjourned the other connected cases to tomorrow.
On Monday, the Court today granted bail to three accused PFI workers in the conspiracy case related to the murder of RSS worker Sreenivasan in Palakkad on the ground that the completion of the trial would take a long time and that the delay in the trial cannot be attributed to the accused. The trial in the case had been stayed by the Apex Court on petitions filed by the same accused.
Yahya Thangal, the PFI leader who was granted bail today, was earlier accused of committing contempt of court by making communal remarks against Judges of the Kerala High Court.
Cause Title: Saddam Hussain MK v. Union of India & Connected matters [SLP(Crl) No. 9623/2024; Diary No. 30988/2024]
