The High Court of Kerala, through the learned judge, Justice Ziyad Rahman A, quashed proceedings against K.P Sasikala & SJR Kumar in Sabarimala violence Case in the case K.P. Sasikala & Anr. v. State of Kerala & Ors. (CRL.MC NO. 1286 OF 2022)
BRIEF FACTS OF THE CASE: Leader of Hindu Aikya Vedi K. P. Sasikala and General Convenor of Sabarimala Karma Samithi SJR Kumar were accused of triggering a dawn-to-dusk hartal in the State to protest against the entry of women into Sabarimala temple in 2018. The hartal that took place resulted in large-scale vandalism. A PIL was filed in the High Court to fix liability for the damages caused. The police submitted the final report wherein K. P. Sasikala and Samithi SJR Kumar were charged under sections 294(b), 506(i), 427 r/w Section 34 of IPC. The petitioners moved to the High Court to quash the proceedings against them pursuant to the final report.
JUDGEMENT: After hearing contentions raised by both the parties, the court held that the only allegation against the petitioners was that they had called for a hartal in protest against the decision regarding the entry of women into Sabarimala Temple. On perusal of the records, it was evident that in none of the statements of the witnesses recorded under Section 161 of Cr.P.C, the names of the petitioners were mentioned. Apart from the mere statement that the petitioners had called for a hartal, there was absolutely nothing mentioned in the final report indicating the culpability of the petitioners. As far as the allegation of calling for hartal was concerned, the same cannot be an act attracting any of the alleged offences. The learned Judge, by invoking the jurisdiction of the Court under Section 482 Cr.P.C, quashed the final report and all further proceedings against the petitioners.
JUDGEMENT REVIEWED BY – AMRUTHA K