KERALA: In the case of K.P. Sasikala & Anr. v. State of Kerala & Ors., Kerala High Court gives green chit to Hindu Aikya Vedi leader K. P. Sasikala and General Convenor of Sabarimala Karma Samithi SJR Kumar by clearing all charges against them for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women into Sabarimala temple in the year 2018.
The protest had resulted in large-scale vandalism against which a PIL was moved before this Court to fix liability for the damages caused. State Police Chief had also issued a circular to all District Police Chiefs to array the leaders of organizations that called the hartal as co-accused in all criminal cases registered that day.
The bench held by Justice Ziyad Rahman quashed the final report filed against both the petitioners finding that the allegations were not properly substantiated by the prosecution.
The Court said, “After examining all the relevant inputs, I am of the firm view that none of the offences alleged against the petitioners are attracted. The prosecution against the petitioners in pursuance to Annexure-B (final report) is a clear abuse of the process of law. In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 CrPC. In the result, the CrlMC is allowed.”
In the defense, the prosecution argued that on 03.01.2019, accused no. 3 to 5 committed mischief by vandalizing the auto-rickshaw owned by the de facto complainant and thereby caused damage to the auto-rickshaw.
The Petitioners were charged under Sections 294(b), 506(i), 427 r/w Section 34 of IPC.
The Court was also informed of another recent decision where the criminal prosecution initiated against the first petitioner with a similar allegation was quashed.
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