Kerala HC okays using anti-terror law in political murders using bombs

KOCHI: In a ruling that could have wide political ramifications, especially in the case of political parties that resort to violence to maintain dominance, the Kerala High Court on Tuesday held that provisions of Unlawful Activities (Prevention) Act can be invoked for murders committed by creating a terror situation, such as by blasting bombs.

A bench comprising of justice P Ubaid upheld the decision to invoke Unlawful Activities (Prevention) Act, 1967 (UAPA) provisions against the accused in the murder of RSS leader Kathiroor Manoj by dismissing a petition filed by first accused Vikraman.

In the petition, Vikraman had contended that UAPA was invoked without enough evidence or circumstances warranting such a classification and that it amounts to violation of constitutional rights.

However, the court held that the attack and the murder that were committed by creating terror among the people would fall under the purview of UAPA. Murdering political opponents by creating a terror situation and creating terror in the minds of the people would come under the scope of UAPA, the court said.

A terror situation was created through the bomb blast in the area while Manoj was killed and this struck terror among the people. The murder was pre-planned and the bomb blast was a part of it. In such circumstances, invoking of UAPA provisions against the accused cannot be said to be illegal, the court pointed out.

It was on September 1st last year that Manoj was murdered. The investigation was handed over to crime branch and UAPA provisions were invoked later.

The court’s ruling clears the way for handing over the investigation to National Investigation Agency (NIA), which is the central agency that probes offences such as terrorist acts that come under the purview of UAPA.