HC Committed Mistake By Not Considering Role Of Each Accused Separately: SC On NIA's Appeals Against Bail Granted To 17 Accused In RSS Worker Srinivasan's Murder Case

The Supreme Court today observed that the Kerala High Court committed a mistake while granting bail to 17 accused PFI workers in UPPA cases, including for the murder of RSS worker Srinivasan in Palakkad in April, 2022, in as much as the Court did not consider the role of each accused separately while granting bail through a common judgment.

The Bench of Justice AS Oka and Justice Augustine George Masih also called for a report from the Registry of the Supreme Court for not listing all the SLPs filed by the NIA against the grant of bail, despite multiple orders to do so.

The Bench was considering SLPs filed by the NIA as well as the SLPs filed by some of the accused who were refused bail by the High Court.

When the matter was called, Senior Advocate Raghenth Basant appearing for some of the accused submitted, "In spite your Lordship's repeated orders, I dont know what more your Lordship can do, what can we do, these matters along with 17 matters to be listed, three orders Lordship has passed, even now 6 matters are not listed".

"We are also wondering why matters are not being listed", Justice Oka replied.

Basant continued, "Lordship may see the last order, I don't think order can be clearer than that. This is the fourth order Lordship has passed.... Our problem is, we are accused, in jail.... they are coming for cancellation".

The Court was then told that 6 out of 17 SLPs filed by the NIA are not listed today. The Court then proceeded to hear the listed matters.

Additional Solicitor General Raja Thakare appeared for the NIA. Senior Advocate Aditya Sondhi also appeared on behalf of some of the accused.

"Give us the grounds for cancellation of bail. Why are you challenging the order?", Justice Oka asked Thakare.

The Court went through that allegation against one of the accused who was granted bail and thereafter the finding of the High Court.

"So there are no reasons recorded specifically... What the Court seems to have done is in two paragraphs allegations are noted and in one paragraph, what the Judge has done is, in paragraph 41, he deals with the cases where substance is found in the allegation", Justice Oka noted.

"Lordship may kindly see paragraphs 34 to 37. There are reasonings there", Basant submitted.

Justice Oka remarked, "There is no reasoning at all. In case of each candidate, case is not considered because Court clubbed too may matters together. Every order is like that. Give us the number of cases which are not listed today".

The Court then proceeded to pass the order, "Notwithstanding repeated directions issued by this Court, following six cases are not listed. Registry owes an explanation to the Court for not listing these cases in spite of earlier orders. All these matters filed by the Union of India, issue notice returnable on 17 January. We direct the registry to list the aforesaid six cases on 16th of December".

The Court said that the appeals by the accused against denial of bail will be separately listed on 13 December.

The Bench said, "Because, in each case, we will have to consider role. That is the mistake committed by the Court. Role is not separately considered. We will separate those matters where bail is denied. Keep the material ready as regards those who have been denied bail. So that one by one, we can consider".

Accordingly, the matter was adjourned.

The Kerala High Court had granted bail to 17 persons, including the accused in the murder of RSS leader Srinivasan in Palakkad in April, 2022. The 17 accused also include the accused in the larger conspiracy case registered by the NIA against workers and leaders of the Popular Front of India (PFI) just before the said organisation was banned in September, 2022.

Among the accused who have been granted bail is an Advocate who was practising in the High Court, and is accused of giving training to the murder squad of the PFI.

Relying upon the said order, the High Court granted bail to another accused in the same murder case in September, 2024.

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