Key Takeaways
- The Supreme Court declined to hear the NIA plea against PFI members’ bail in the RSS leader’s murder case.
- The Kerala High Court had granted bail to the accused with strict conditions, including sharing mobile numbers and GPS locations with investigators.
- The NIA can approach the special court for cancellation of bail if the accused violate any conditions.
New Delhi: The Supreme Court on Wednesday refused to entertain the National Investigation Agency’s (NIA) petitions challenging the bail granted to 17 members of the Popular Front of India (PFI), who are accused in the 2022 murder of RSS leader Sreenivasan in Palakkad, Kerala.
A bench comprising Justice Abhay S. Oka and Justice N. Kotiswar Singh pointed out that the Kerala High Court had granted bail nearly a year ago and that the NIA is free to approach the special court for cancellation of bail if the accused have violated any conditions.
The top judiciary noted that the High Court had already allowed the NIA to apply for cancellation of bail if needed. “The petitioners can always approach the special court with the materials on record. The special court is the more appropriate forum for such a plea,” the bench said.
The Supreme Court emphasised that its refusal to hear the case does not affect the NIA’s right to seek cancellation of bail in the lower courts. It clarified that if the agency chooses to approach the special court or the High Court, those courts should decide the matter independently, without being influenced by the apex court’s decision to not intervene at this stage.
During the hearing, Additional Solicitor General Raja Thakare, appearing for the NIA, argued that the accused had violated bail conditions, including contacting witnesses. He urged the court to cancel their bail.
The Kerala High Court had granted bail to the 17 accused on June 25, 2024, while imposing strict conditions. These included sharing their mobile numbers and GPS locations with investigators, staying within the state, surrendering passports, and keeping their phones switched on and charged at all times.
The case stems from the murder of RSS leader Sreenivasan on April 16, 2022. The case involved 51 accused, but one died in custody and seven remain on the run. The NIA took over the case in September 2022, suspecting a larger conspiracy by PFI to spark communal unrest and recruit members for terror activities.
The central agency filed a consolidated chargesheet in 2023, followed by two supplementary chargesheets. Soon after, the accused approached the court seeking bail. The NIA alleged the murder was part of a larger conspiracy with national and international implications
