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Synopsis

The Kerala High Court has granted bail to Shihab P, an alleged member of the Popular Front of India (PFI), accused in the murder of RSS leader Sreenivasan. However, the Court denied bail to two co-accused, Kaja Hussain and Jaleel P, also alleged PFI members involved in the same murder.

The Division Bench, comprising Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M., delivered the verdict, finding no prima facie evidence to support the accusations against Shihab and held that he was entitled to bail under Section 43(D) of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The court noted : “The materials do not reveal to us that there exists reasonable ground to believe that the accusations against Shihab P.@ Babu are prima facie true. The material relied upon by the prosecution, taken as a whole, does not cross the threshold of general allegations coupled with overt acts that would clearly suggest the complicity of the accused in the offence with which he is charged. There is no corroborative material, other than mere statements of witnesses, to show that there were overt acts or acts of active participation by Shihab P. @ Babu in order to deny him bail.”

The court was hearing the case in relation with the murder of RSS Leader Sreenivasan, which led to the arrest of 44 individuals by the Kerala Police, with allegations emerging that the killing was part of a larger criminal conspiracy to incite radicalism and commit terrorist acts. Sreenivasan was was attacked at his motorbike shop on April 16, 2022 and allegedly murdered in retaliation for the killing of Social Democratic Party of India (SDPI) activist Subair, who was reportedly hacked to death by RSS workers in Elappully, Palakkad. The National Investigation Agency (NIA) took over the probe, registering an FIR against the accused under various sections of the Indian Penal Code (IPC) and UAPA. The accused, including Shihab P, Kaja Hussain, and Jaleel P, had earlier been denied bail by a Special Court in Ernakulam, prompting them to move the High Court.

Notably, on September 28, 2022, the Government of India designated the PFI as an "unlawful association" and imposed a five-year ban on the organisation under the UAPA.

With regards the other co-accused,Hussain and Jaleel, the court found sufficient grounds to believe that the accusations against them were prima facie true, thereby disqualifying them from bail under the stringent provisions of the UAPA.

The prosecution claimed that Kaja Hussain had received arms training from PFI and participated in conspiracy meetings aimed at executing the murder. The court, upon review of the evidence, observed that Hussain played a critical role in facilitating the crime by transferring key information, thus making him ineligible for bail under Section 43D(5) of the UAPA. The court also observed, “The nature of the information allegedly passed on by the appellant which facilitated the commission of the terror act is what matters and not the mere distance at which the person who passed on the information may stand from the actual commission of the terrorist act,” ruling that the accused was disentitled for grant of bail.

Regarding Jaleel P, the prosecution opposed his bail on the grounds that he was responsible for the physical education wing of PFI and had aided in harbouring and medically treating co-accused Kaja Hussain. The court ruled that Jaleel's involvement in supporting Hussain further disqualified him from receiving bail under UAPA provisions. “The appellant Jaleel P. is an active cadre of PFI and is in charge of the Physical Education (PE) wing of PFI. A voice clip of the appellant wherein he introduced himself as in charge of the PE wing of PFI was found on his mobile…Voice clips and medical prescriptions related to the treatment to Kaja Hussain have been found in the mobile of the appellant and have been seized. The same clearly implicates the appellant,” said the court.

In contrast, the court found no reasonable grounds to believe that the accusations against Shihab P. The court highlighted the absence of any corroborative material or evidence showing Shihab's overt acts or active participation in the murder plot.

As a result, the court set aside the Special Court's orders and allowed Shihab's criminal appeal, granting him bail.

 

Cause Title: Jaleel P v Union of India and other connected matters [CRL.A NO.1198 OF 2024 and others]