The Supreme Court granted bail to Abdul Sathar, the former Secretary General of the Popular Front of India (PFI), in a case alleging conspiracy behind the 2022 murder of an RSS functionary in Kerala. The bench, comprising The Court observed that ideological beliefs alone cannot justify prolonged incarceration, stating that “for ideology, you cannot put someone in jail.”
The matter stemmed from the investigation into the killing of RSS member Sreenivasan in Palakkad, Kerala, in September 2022. Abdul Sathar, although not named in the original FIR, was later implicated on allegations of playing a broader role in the larger conspiracy as a senior office bearer of the PFI. Sathar approached the Supreme Court challenging the denial of bail by the Kerala High Court.
Senior Advocate Aditya Sondhi, appearing for Abdul Sathar, argued that although there are 71 prior cases against his client, they predominantly relate to protests and hartals, and bail had already been granted in all of them. He contended that Sathar was mechanically arraigned in several FIRs merely because of his designation as Secretary General, rather than based on individual culpability. Importantly, he emphasized that there were no allegations of Sathar's direct involvement in the actual murder.
The counsel for the National Investigation Agency (NIA) opposed the bail plea, asserting that while Sathar was not named in the principal FIR, he had taken steps to recruit cadres and facilitate arms training, which aligned with the group’s larger objective known as "India 2047." It was submitted that Sathar had multiple antecedents, including charges under Sections 353 and 153 IPC, and that continued custody was necessary to prevent the commission of similar offences in future. The NIA also claimed a photograph of the deceased was found on Sathar's mobile phone, pointing to his involvement in the larger conspiracy.
The Bench expressed concern about the broader prosecutorial approach of preventive detention based on ideological affiliation. Justice Oka observed, “That’s the problem with the approach. The approach is we will keep the person behind bars… For ideology you cannot put someone in jail.”
Justice Bhuyan echoed this sentiment, stating, “So subject him to trial, punish him. The process can't become the punishment.” When the Bench inquired into Sathar's specific role in the conspiracy, the NIA did not attribute any direct act of violence to him but emphasized his decision-making position. Referring to the overall allegations, the Court noted, “As far as the assassination of victim Srinivasan is concerned, there is no direct role attributed to the appellant. The allegations of antecedents are in almost all cases regarding the protests which took place in September 2022.”
Considering the absence of direct involvement in the murder and the nature of the antecedents, the Court granted bail to Abdul Sathar. It observed that continued custody on the basis of ideological affiliation or speculative future offences was unwarranted. The order was passed in a batch of related bail petitions, wherein the Court had earlier granted bail to several co-accused on grounds of prolonged trial delays and lack of allegations regarding active participation in the killing.
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