The Supreme Court stated that the High Court made an error by not looking at the role of each accused individually in the case of the 17 people granted bail in the murder of RSS worker Srinivasan.
The Supreme Court noted today that the Kerala High Court made an error by granting bail to 17 accused PFI workers in UPPA cases, including the murder of RSS worker Srinivasan in Palakkad in April 2022. The Court pointed out that it did not evaluate the role of each accused individually when issuing a common bail decision. Justices AS Oka and Augustine George Masih requested a report from the Supreme Court Registry regarding the failure to list all the SLPs filed by the NIA against the bail grants, despite several orders to do so. The Bench was reviewing SLPs from both the NIA and some accused who were denied bail by the High Court.
When the case was called, Senior Advocate Raghenth Basant, representing some of the accused, stated, “Despite your Lordship’s repeated orders, I don’t know what else can be done. These matters, along with 17 others, need to be listed. Your Lordship has issued three orders, yet 6 matters are still not listed.” Justice Oka responded, “We are also puzzled about why these matters are not being listed.” Basant added, “Your Lordship can see the last order; it couldn’t be clearer. This is the fourth order issued… Our issue is that we are accused and in jail, while they are seeking cancellation.” The Court was informed that 6 out of the 17 SLPs filed by the NIA were not listed today, and then proceeded to hear the matters that were listed.
Additional Solicitor General Raja Thakare represented the NIA. Senior Advocate Aditya Sondhi appeared for some of the accused. Justice Oka asked Thakare, “What are the reasons for canceling the bail? Why are you disputing the order?” The Court reviewed the allegations against one accused who had been granted bail and the High Court’s findings. Justice Oka observed, “There are no specific reasons recorded. The Court noted the allegations in two paragraphs, but in paragraph 41, the Judge addressed cases where the allegations had substance.” Basant responded, “Your Lordship should look at paragraphs 34 to 37 for reasoning.”
Justice Oka commented, “There is no reasoning at all. Each case is not considered because the Court combined too many matters. Every order reflects this. Please provide the number of cases not listed today.” The Court then issued an order stating, “Despite repeated directions from this Court, six cases are not listed. The Registry must explain to the Court why these cases were not listed despite previous orders. All matters filed by the Union of India will have notice returnable on January 17. We instruct the registry to list these six cases on December 16.” The Court also mentioned that the appeals from the accused regarding bail denial will be listed separately on December 13.
The Bench stated that each case must consider the role involved, which the Court failed to do. They noted that they would separate cases where bail was denied and asked for materials related to those individuals. This way, they can review each case individually. The matter was then postponed. The Kerala High Court had previously granted bail to 17 individuals, including those accused of murdering RSS leader Srinivasan in Palakkad in April 2022. Among these 17 are individuals involved in a larger conspiracy case filed by the NIA against members of the Popular Front of India (PFI) just before the organization was banned in September 2022. One of the individuals granted bail is an Advocate who practiced in the High Court and is accused of training the PFI’s murder squad. Based on this ruling, the High Court also granted bail to another accused in the same murder case in September 2024.
Cause Title: Saddam Hussain MK & Ors. v. Union of India
