In a significant observation on personal liberty and ideological freedom, the Supreme Court on Wednesday granted bail to Abdul Sathar, a senior functionary of the now-banned Popular Front of India (PFI), who was accused in the 2022 murder of Rashtriya Swayamsevak Sangh (RSS) leader Sreenivasan in Kerala’s Palakkad district.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan made a notable remark while passing the order:
“You cannot put someone in jail for their ideology. This is the trend we find. It is because they have adopted a particular ideology, they are put in jail.”
The court noted that no direct role was attributed to Sathar in the actual assassination of the RSS leader. Sathar served as the then secretary general of PFI’s Kerala unit.
Background of the Case
Sreenivasan, a local RSS leader in Palakkad, was murdered in April 2022, a day after a Social Democratic Party of India (SDPI) leader was killed. The back-to-back killings had sparked widespread communal tension in the region.
Citing national security concerns, the Ministry of Home Affairs had, in December 2022, stated that Srinivasan’s killing was part of a “larger conspiracy” orchestrated by PFI leaders, having “grave national and international ramifications.” The investigation was subsequently handed over to the National Investigation Agency (NIA), which filed a consolidated charge sheet in 2023, followed by two supplementary charge sheets.
Kerala High Court’s Earlier Orders
On June 25, 2024, the Kerala High Court had granted bail to 17 of the 26 accused PFI members, all facing trial not only in the murder case but also for allegedly instigating communal violence in Kerala and other parts of the country.
However, the bail was subject to strict conditions, including the mandatory sharing of mobile numbers and real-time GPS locations with the investigating officer.
What Lies Ahead
While the Supreme Court’s decision is limited to Abdul Sathar, it sets a precedent on the importance of differentiating between ideological affiliation and actionable criminal conduct in investigations under national security frameworks.
The NIA is continuing its probe into the wider conspiracy behind Srinivasan’s murder and is expected to pursue cases against the remaining accused under the Unlawful Activities (Prevention) Act and other applicable provisions.
