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Justice Ziyad Rahman of Kerala High Court has quashed criminal proceedings against Hindu Akiya Vedi leader KP Sasikala. The state had initiated criminal action against her for calling a 'hartal' to protest against the judgment of the Supreme Court allowing entry of women into Sabarimala Temple.

The state alleged that in January 2019 during the hartal, some persons vandalized an auto-rickshaw and thereby caused damage to the auto rickshaw to the tune of Rs.5,650. It was alleged that a hartal was called for by Sasikala, in her capacity as an office-bearer of the organisation, to protest against the implementation of the Sabarimala judgment of the Top Court.

The counsel for Sasikala argued that the materials produced by the State do not reveal the offences against Sasikala. He pointed out that the acts which allegedly constitute the offences are alleged to have committed by other accused and there is absolutely no role assigned to Sasikala in it.

On the other hand, State of Kerala contended that the question of involvement of Sasikala in vandalism is a matter of evidence, which cannot be considered at this stage of the proceedings.

Court, on hearing their submissions, noted that the only allegation against Sasikala is that her organisation had called for a harthal in protest against the decision regarding the entry of women in Sabarimala Temple. The court noted that the crux of the allegation which constitutes the offences are in respect of the act physically committed by other accused. It was further noted that on perusal of the records, it is evident that in none of the statements of the witnesses, Sashikala’s name is seen.

The judge remarked in the order that apart from the mere statement that the petitioners have called for hartal, there is “absolutely nothing mentioned in the final report indicating the culpability of the petitioners.”In so far as the allegation of calling for hartal is concerned, the court held that it cannot by itself be an act attracting any of the offences that have been alleged.

It was therefore held that none of the offences alleged against the Sasikala were attracted. Court further held that the prosecution against Sasikala is a clear abuse of process of law. In the light of the above observations, Court quashed the criminal proceedings against her.

Case title: K.P.Sasikala Vs State of Kerala