New Delhi:
In an order to decline an investigation by the Central Bureau of Investigation (CBI) into the murder of a RSS member A Sanjith, the Kerala High Court made an observation in regard to the Social Democratic Party of India (SDPI) and Popular Front of India (PFI) who are accused of being behind the murder.
The observations made by the Court under the chair of Justice K Haripal have tagged both the organisations as extremists. He further observed that although the members belonging to such organisations are often involved in violent activities, the organisation is not banned and India and can freely operate. He also suggested that the investigation conducted by the State Police does not fall under the garb of biasedness.
“No doubt, SDPI and PFI are extremist organisations indulging in serious acts of violence. All the same, those are not banned organisations. The Investigating Officer has denied the involvement of State level or national level leaders in the commission of the crime. Given the fact that police have taken care to file a final report within 90 days adds to their credibility and prove bona fides,” the Court said.
The court further made an observation that SDPI and PFI members are usually behind the attacks on RSS members as these group share history of violent clashes.
“It is the common case that activists of the SDPI/PFI were behind the attack. There were clashes between the activists of the SDPI/PFI on the one hand and activists of the RSS on the other. There are series of attacks and counter attacks between them,” the judgment said.
Further, it noted that even after Sanjith was murdered, there is no relaxation between groups and ongoing clashes.
“This Court takes judicial notice of the fact that even after this incident, after completing arguments in this case, two such incidents have happened in Palakkad. Consequently, one person each of the rival groups have been killed,” the Court said.
The court has denied the transfer of case to the Central Bureau of Investigation (CBI) as it will be nothing more than detrimental for the case.
“If investigation is handed over to the CBI, that would result in further delay in the proceedings. It is not in public interest. That may also pave way for raising demand by the accused persons for releasing on bail. Given the mind set of the rival groups, if the accused persons are released on bail that would entail further clashes and may lead to law and order situation,” the judgment stated.
The RSS worker from Palakkad was killed on 15 November, 2021 while he was about to drop her wife at her workplace. The claims made by the petitioners also include opposing of the extremist ideologies rendered in the society by SDPI and PFI that aim at suppressing the ideology of the RSS.
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