Justice P S Gopinathan made the oral observation while considering the anticipatory bail application of K Rajan, member, CPI-M's Kannur district committee and Chandrasekharan area secretary of Thiruvangad in Kannur.
The case relates to the murder of Fazal, a former CPI-M worker, who was killed on October 22, 2006 at Thalassery.
The CBI which filed a detailed statement in the court submitted that the RSS had no connection with the murder.
The conspiracy was hatched to do away with Fazal as he changed his allegiance from CPI-M to NDF and attracted more Marxist workers to NDF, it was stated.
CBI sources said, Kodi Suni, who is a prime suspect in the killing of RMP leader TP Chandrasekharan, was the first accused in the Fazal murder case.
Local police and crime branch had first investigated the case and arrested three persons. Later, CBI took over the investigation and three more persons were arrested.