"Can't Put In jail For Ideology": Supreme Court As It Grants Bail To PFI Leader

Abdul Sathar, a former Secretary General of the banned Popular Front of India, got bail from the Supreme Court today. He has been accused in a conspiracy case related to the murder of Srinivasan, a worker of the Rashtriya Swayamsevak Sangh -- the ideological mentor of the BJP -- in Kerala's Palakkad, which took place in 2022. 

While he is not directly involved in the murder case, the National Investigation Agency - which is handling the case -- said he took steps to recruit cadres and conduct arms training as the General Secretary of PFI. 

The NIA also pointed out that he has a history of being in conflict with the law. There are 71 such instances, the NIA's counsel pointed out. 

The instances, though, involved strikes and hartals and was a matter of ideology, Sathar's counsel -- senior advocate Aditya Sondhi -- said.

Mr Sondhi also argued that the Kerala High Court had directed that Sathar be arraigned in all these cases as the Secretary General of the PFI. He also added that Sathar had already secured bail in all these cases. 

The bench of Justices Abhay S Oka and Ujjal Bhuyan which was hearing Sathar's petition against the denial of bail by the Kerala High Court, decided to grant it.  

"For ideology you cannot put someone in jail," Justice Oka said. "This is the trend we find. It is because they have adopted a particular ideology (they are put in jail)," he added.

When the NIA said Sathar was kept in custody to prevent further offences, the court said, "That's  the problem with the approach... The approach is we will keep the person behind the bars". 

"Subject him to trial, punish him. The process cannot become the punishment," said Justice Bhuyan. 

Srinivasan was murdered in Palakkad on April 16, 2022, allegedly by the cadres of the PFI. Investigation indicated that it was linked to a series of protests that the PFI had planned. 

Of the 44 men accused in the case, all but nine got bail in June last year. Sathar was one of the nine who did not get bail. The Kerala High Court had said the accusations against them were prima facie true.