New Delhi: The Supreme Court on Wednesday declined to entertain special leave petitions filed by the National Investigation Agency (NIA) challenging the bail granted to 17 members of the Popular Front of India (PFI), accused in the 2022 murder of RSS leader Sreenivasan in Palakkad, Kerala.

A bench of Justices Abhay S Oka and N Kotiswar Singh observed that the Kerala High Court’s order was over a year old and noted that the High Court had already empowered the petitioners to seek cancellation of bail if conditions were violated.

“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 bench stated.

Special court appropriate forum, says SC

The apex court made it clear that the NIA may approach the special court with its grievances, including any alleged violations of bail conditions.

“Therefore, the petitioners can always apply to the special court for cancellation of bail on the grounds which are set out in the affidavits filed in these petitions. In fact the special court will be the more appropriate court,” the bench said.

“Therefore, at this stage we decline to entertain the special leave petitions with liberty to the petitioners to move the special court/high court for cancellation of bail. Needless to say that if the prayer made by petitioner does not succeed before the special court/high court remedies of the petitioners remain open.”

The court also clarified, “We make it clear that as and when application is made for cancellation of bail the special court or high court should not be influenced by the fact that this court has declined to entertain the present special leave petitions.”

NIA cites violation of bail terms

During the hearing, Additional Solicitor General Raja Thakare, representing the NIA, contended that the accused had breached their bail conditions by contacting witnesses. He sought cancellation of the bail granted to them by the Kerala High Court on June 25, 2024.

The 17 PFI members are among 26 accused who are facing trial for allegedly instigating communal violence in Kerala and other regions. The High Court had granted bail to 17 of them, subject to strict conditions.

These include submission of their mobile phone numbers and real-time GPS location to the investigating officer, surrendering passports, remaining within Kerala, and keeping their phones charged and active round-the-clock.

The High Court had also directed them to appear before the special court, which would determine additional bail conditions.

Background of the case

RSS leader Sreenivasan was murdered on April 16, 2022. Initially, 51 persons were named as accused. One died in custody and seven remain absconding. Chargesheets against the remaining were filed in two phases, in July and December 2022.

While the police were investigating, the Centre received intelligence inputs alleging that PFI leaders and cadres in Kerala were conspiring to incite communal unrest and radicalise members to carry out terrorist acts. The Kerala High Court noted this in its bail order.

In response, the Centre directed the NIA in September 2022 to take over the investigation. On December 19, 2022, the Centre stated that Srinivasan's murder was part of a larger conspiracy by PFI leaders, with national and international ramifications. The NIA filed its consolidated chargesheet in 2023, followed by two supplementary ones.

Following the filing of chargesheets, the accused moved the special court for bail.