In a pivotal ruling, the Kerala High Court has granted bail to 17 members of the banned Popular Front of India (PFI) while denying bail to 9 others accused in the murder of RSS leader Srinivasan in 2022. The decision, delivered by Justices AK Jayasankaran Nambiar and Syam Kumar VM, underscored the imperative for courts to remain impartial amidst societal biases and misconceptions.
Emphasizing the sanctity of personal liberty enshrined in Article 21 of the Constitution, the bench cautioned against prejudicial narratives that could influence judicial proceedings. “Courts must lean in favor of fundamental rights, safeguarding against arbitrary restrictions,” the judgment highlighted.
The case, stemming from allegations under the Unlawful Activities (Prevention) Act, pivoted on evidentiary scrutiny devoid of ideological preconceptions. Notably, the court scrutinized incriminating materials, including a document projecting a future Islamic governance and a voice clip, yet refrained from attributing universal endorsement among the accused.
While upholding bail for 17 appellants, the court invoked stringent criteria for the remaining 9, citing Section 43D (5) of the UAPA. Senior advocates Dr. Aditya Sondhi and S. Sreekumar represented the appellants, advocating for equitable judicial scrutiny amidst contentious allegations.
With this ruling, the Kerala High Court navigates the delicate balance between preserving constitutional freedoms and addressing grave criminal accusations, marking a significant chapter in judicial oversight amid complex socio-political contexts.
