The Kerala High Court has dismissed a bail petition filed by Popular Front of India leader Ashraf Moulavi in connection with the 2022 murder of Rashtriya Swayamsevak Sangh functionary S K Sreenivasan, holding that the collective welfare of society and national security must take precedence over individual liberty in terrorism-related cases.
In an order dated August 21, a division bench comprising Justice Anil K Narendran and Justice Muralee Krishna S stated that while administering justice under the Unlawful Activities (Prevention) Act, courts are obligated to balance the liberty of an accused person against the rights of victims and their families, as well as the broader interests of community safety and national security.
Trial Delay Fails to Justify Release
The bench rejected the appellant’s contention that his sustained period of pre-trial detention entitled him to bail or constituted an infringement of his constitutional protections. Observing that the primary charge of murder carries sentences of capital punishment or life imprisonment, the judges ruled that Moulavi’s duration of detention could not be deemed a significant portion of the statutory penalties prescribed by law.
Given the gravity of the allegations and the potential punishments, the court held that neither trial delays nor the length of custody justified granting bail.
Arguments Over Custody and Arrest Procedures
Moulavi had approached the High Court after a special court rejected his initial application for bail. Appearing for the appellant, Senior Advocate Aditya Sondhi contended that his client had spent over three years and eight months in detention without any immediate prospect of the trial starting or concluding. The defence also argued that written grounds for the arrest had not been furnished to the accused.
Opposing the plea, Special Public Prosecutor Sasthamangalam S Ajithkumar, representing the National Investigation Agency, submitted that the reasons for the arrest had been duly conveyed and explained to Moulavi. The prosecution maintained that the evidence compiled in the agency’s final investigation report clearly demonstrated a preliminary case confirming the commission of the alleged offences.
Allegations of Targeted Conspiracy
Taking note of the lower court’s findings, the High Court observed that the records established a preliminary case against Moulavi. The evidence gathered during the probe identified him as a PFI leader, pointed to his presence at the location where the criminal plot was formulated, placed him at the crime scene, and indicated his involvement in executing the offence.
According to investigators, PFI leaders and cadres entered into a criminal conspiracy aimed at stoking communal division and spreading terror. The group allegedly carried out surveillance on multiple local Hindu figures before singling out Sreenivasan.
The central government subsequently transferred the probe from local authorities to the National Investigation Agency, which submitted a final report arraigning Moulavi and several others under provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act of 1967.
Background of the Palakkad Violence
The murder occurred in Melamuri, Palakkad, where Sreenivasan, 45, a former district office-bearer of the RSS, was targeted inside his two-wheeler repair shop. A six-member gang riding three motorcycles reportedly arrived armed with swords, forced their way into the commercial outlet, and inflicted fatal injuries on him.
The attack took place approximately one day after a local PFI leader, A Subair, was killed in an incident allegedly involving RSS workers.
