The Supreme Court on Wednesday declined to entertain a plea by the National Investigation Agency challenging the bail granted to 17 members of the banned Popular Front of India in the 2022 murder case of RSS leader Sreenivasan in Palakkad, Kerala.
A bench comprising Justices Abhay S Oka and N Kotiswar Singh remarked that the Kerala High Court’s bail order was over a year old, and instead advised the agency to approach the special court for cancellation of bail if any conditions had been breached.
What Bench Pointed Out?
The bench pointed out that the High Court itself had given liberty to the NIA to seek cancellation of bail if violations occurred. “Our attention is invited to observation made in the last part of the impugned order by which high court has reserved liberty to the petitioners to apply to special court for cancellation of bail,” the court noted.
The judges emphasized that the NIA could raise its concerns about the accused violating bail terms before the special court, which is better placed to assess such claims. “In fact, the special court will be the more appropriate court,” the bench added.
The Supreme Court clarified that its refusal to hear the case at this stage does not close legal options for the NIA. “If the prayer made by petitioner does not succeed before the special court/high court, remedies of the petitioners remain open,” the court stated. It also directed that lower courts should make independent decisions, uninfluenced by the Supreme Court’s current stance.
NIA Alleges Breach Of Bail Terms
Additional Solicitor General Raja Thakare, representing the NIA, argued that the accused had violated bail conditions by contacting witnesses. He sought cancellation of bail on those grounds.
The Kerala High Court had granted bail to 17 out of 26 accused PFI members on June 25, 2024, imposing strict conditions. These included sharing mobile numbers and real-time GPS data with investigators, not leaving Kerala, surrendering passports, and keeping their phones active 24/7.
The High Court also instructed the accused to appear before the special court, which was to finalize additional bail conditions.
Murder Probe Uncovers Larger Conspiracy
The murder of RSS leader Sreenivasan on April 16, 2022, triggered a large-scale investigation. Initially, 51 people were listed as accused; one died during proceedings, and seven remain absconding. The rest were charge-sheeted in July and December 2022.
During the murder probe, central agencies received inputs suggesting a larger plot by PFI operatives to incite communal violence and radicalize youth in Kerala and beyond. Based on this, the Centre handed over the investigation to the NIA in September 2022.
On December 19, 2022, the Centre noted that the killing appeared to be part of a broader plan by PFI leaders with serious national and international implications. The NIA filed a consolidated chargesheet in 2023, followed by 2 supplementary chargesheets.
Soon after, the accused applied for bail, which was granted under strict judicial oversight.
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