The team probing the murder of Rashtriya Swayamsevak Sangh (RSS) functionary E. Manoj has decided to invoke the provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) against the assailants to bring the crime under the scope of the scheduled offences listed in the National Investigation Agency (NIA) Act, 2008.
Relevant Sections
Additional Director General of Police (Crime Branch) S. Ananthakrishnan told reporters at Thalassery, near here, on Thursday that the culprits had been charged under relevant sections of the UAPA. The process is on to collect the evidences, he added.
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Legal sources say that the invocation of the UAPA allows a leeway for the government to rope in the NIA to take over the investigation. Under Section 15 of the UAPA, whoever does any act with intent to strike terror in the people by using bombs or explosive substances or lethal weapons to cause death of, or injuries to persons, commits a terrorist act.
Terrorist acts under this definition are among the offences scheduled in the NIA Act.
The move to invoke the UAPA is a throwback to the registration of cases under the Terrorist and Disruptive Activities (Prevention) Act against perpetrators of murderous political violence in the aftermath of the murder of Students Federation of India leader K.V. Sudheesh at Koothuparamba here in 1994.
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Govt. endorsement Chief Minister Oommen Chandy and Home Minister Ramesh Chennithala are learnt to have endorsed the plan as it is expected to mollify the Sangh Parivar leadership in the State that has demanded a probe by the Central Bureau of Investigation (CBI).
The sources say the RSS leadership has been sounded about the move to use UAPA. Under Section 6 of the NIA Act, the police station concerned should forward the report to the State government, which, in turn, should forward it to the Central government expeditiously. The Act allows the Central government to decide within 15 days after receipt of the report whether or not the offence under investigation is a scheduled one and a fit case to be probed by the NIA.
UAPA route If the Central government is convinced, it can suo motu direct the NIA to investigate the offence. The sources say the UAPA route can avert the hurdles involved in getting a CBI probe ordered. Only the State government or the High Court can pass an order to that effect. The State government ordering a CBI probe amounts to admitting the State police force’s inability to conduct the probe and may even attract the charge of a political motive. Moreover, the CBI has no statutory obligation to take over the probe.