PFI, SDPI not banned organisations: Kerala HC
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Kochi: The High Court of Kerala rejected a plea that sought a CBI probe into the killing of RSS activist Sanjith in Palakkad. Dismissing the petition filed by Sanjith's wife S Arshika, Justice K Haripal observed that the question of transferring the case to the CBI arises only if overwhelming reasons are made out.
Regarding the contention about the alleged role of organisations Popular Front of India (PFI) and Social Democratic Party of India (SDPI) in the murder, the court observed "no, doubt they are extremist organisations, indulging in serious acts of violence. All the same they are not banned organisatons", PTI reported.
The court also discounted the fear about any attempt by the state police investigation team to protect the culprits. All the accused have been identified and many already arrested, and transferring the case to the CBI will only delay the action.
However, the court directed that until all culprits are caught, the state police chief should review the progress and file a report every fortnight to the court. The petition will be considered again on May 30 for the police chief's report.
Meanwhile, in response to the court's observations, Social Democratic Party of India (SDPI) has said that it would move a plea to expunge the High Court's observations. "This is a very serious observation. Not a single investigation agency has made such remarks against SDPI so far. On what basis, does the court make such an observation? The court's observations should be reasonable. Here, it did not happen," SDPI state president Muvattupuzha Ashraf Moulavi said on Friday.
In a similar vein, Popular Front of India (PFI) reacted that the court's observations were not justifiable, but the court did not take the petitioner's allegation as material in its decision. PFI leader C A Rauf wrote on Facebook that the court did even hear their side before making such adverse observations and added that the organisation would explore resorting to legal routes to expunge the remarks.
"The primary step in the administration of justice is to hear the side of the affected parties before making any comments against them. No such thing has happened in this case. It amounts to a denial of natural justice," Rauf said.
At the time, Sangh Parivar's outfits welcomed the court's observations, claiming that there was evidence to prove PFI and SDPI carry out "inhuman anti-national activities" in the country. Hindu Aikyavedi's KP Sasikala said that both the organisations should be banned, and governments should ensure they should never operate in other forms after the ban.