The Kerala High Court today refused to interfere with the slapping of Unlawful Activities (Prevention) Act by the CBI against ruling CPI(M) strongman P Jayarajan and other accused in a case relating to the murder of an RSS worker in Kannur district in 2014.
Justice B Kemal Pasha said the CBI need not obtain sanction of the state government to invoke UAPA provisions and rejected the petition filed by Jayarajan and others challenging invoking of UAPA provisions against them.
Jayarajan, also Kannur district secretary of CPI(M) was named by the CBI as "principal conspirator" in the murder.
The judge said a CBI investigation in the case was ordered after finding that the probe carried out by Kerala Police was inefficient.
Either the central government or the state government can grant sanction to invoke UAPA against the accused, who come under the purview of the Act, the high court said.
The court, however, clarified that the validity of sanction of UAPA can be challenged by the accused during the stage of trial of the case.
The CBI, after taking over the probe from the state police, had charged him under the stringent UAPA for the killing, which it described as a "terrorist act".
In its supplementary final report filed before the court of the special judge of Ernakulam, the Special Crime Branch of the CBI's Thiruvananthapuram unit, which probed the case, had said the September 1, 2014 killing was "a well-conspired, planned and well-organised political murder".
Describing as "terrorist act", the "brutal" killing of the functionary, Elanthottathil Manoj, also known as Kathirur Manoj, the CBI charged Jayarajan under various sections including Sections 18 and 19 of the Unlawful Activities (Prevention) Act 1967.
Jayarajan, also facing charges under various IPC sections including 120(b) (conspiracy), is the 25th accused in the case.
The CBI in its report had accused Jayarajan of having entered into a criminal conspiracy with first accused Vikraman to execute killing of Manoj in a brutal and terrorising manner.
Forty-two-year-old Manoj, a district functionary of RSS, was hacked to death in Kathiroor in Kannur district on September 1, 2014, allegedly by a group of CPI(M) workers.
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