RSS worker's murder: Kerala High Court grants bail to accused in jail for over 2 years without trial

The Kerala High Court recently granted bail to Muhammed Haroon, who is among those accused of being involved in the 2021 murder of a Rashtriya Swayamsevak Sangh (RSS) worker Sanjith [Muhammed Haroon v State of Kerala].

Justice Ziyad Rahman AA granted bail after noting Haroon's long incarceration in jail of two years and nine months without trial.

"The long incarceration of the accused, without the trial could be a ground to release the accused on bail ... As far as the petitioner in this case is concerned, he has been in custody since 23.01.2022 and thus, more than two years and nine months have elapsed. Moreover, the petitioner was never involved in any other offences in the past," the Court observed.

The Court added that while there were allegations of Haroon being a member of the now-banned Popular Front of India (PFI), mere membership in such an organisation would not by itself justify denying him bail or imply his guilt.

"Even though there is an allegation that he was an active member of PFI, a banned organisation, it was contended by the petitioner that, as on the date of commission of the crime, it was not banned. The said contention is not denied by the prosecution. Therefore, the fact that he was a member of such an organisation, by itself, would not attract any culpability, warranting incarceration, and it is for the prosecution to establish the role of the petitioner, in the trial," the Court said.

The judge also noted that there were no allegations suggesting Haroon's direct participation in the murder as he was only accused of being part of a conspiracy to commit the murder.

Haroon was arrested on January 23, 2022 on allegations that he was part of a political conspiracy that led to Sanjith’s brutal murder on November 15, 2021. Sanjith, a prominent RSS worker, was attacked by five men armed with swords and sticks while he was travelling with his wife.

Haroon was accused of participating in five out of seven meetings where the conspiracy to commit murder was hatched by the prime accused.

Haroon was arrayed as the sixth accused in the murder case and was charged with serious offences including Sections 302 (murder), and 120B (criminal conspiracy) of the India Penal Code (IPC), alongside violations under the Arms Act.

His bail pleas were rejected twice before. He filed a third bail plea before the High Court citing a change of circumstance and his long detention without trial.

Haroon's counsel submitted that two others accused in the same case had been granted bail under similar circumstances and that his prolonged detention without a trial violated his fundamental rights.

However, the prosecution, argued against bail, stressing the severity of the charges against Haroon and his alleged association with the banned PFI organisation, which was said to be behind the murder of the RSS worker.

After considering the rival contentions, the Court granted him bail on October 17.

"Taking note of the period of incarceration of the petitioner, possible delay in completing the trial and the nature of allegations against the petitioner, I am inclined to grant bail," the Court said.

It ordered Haroon’s release on bail upon executing a bond of ₹1 lakh and two sureties, among other conditions, including the surrender of his passport and restrictions on contacting witnesses.

Senior counsel Raghenth Basant appeared for Haroon, while Additional Director General of Prosecutions and Senior counsel Grashious Kuriakose appeared for the State.

[Read Order]