Kerala High Court Grants Interim Protection From Arrest To Twenty20 Party Leader Sabu Jacob And 5 Others In Case Filed By CPI(M) MLA

The Kerala High Court on Wednesday restrained the police from arresting Twenty20 party leader Sabu M Jacob and five other accused in a case registered under the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act based on a complaint filed by Communist Party of India (Marxist) MLA P V Sreenijin.

Justice Kauser Edappagath allowed the investigation to proceed but granted interim protection from arrest to the accused

"Considering the entire facts and circumstances of the case, I am of the view that the investigation has to be proceeded with. However, the arrest of petitioners does not appear to be necessary for the time being," said the court.

The court directed the petitioners to appear before the investigating officer for the purpose of interrogation, as and when directed.

"I am of the view that the points raised by the petitioners in the Criminal MC have to be heard in detail. Hence the Criminal MC is admitted...The Petitioners shall appear before the investigating officer for the purpose of interrogation as and when directed. The Investigating officer if found necessary shall interrogate the petitioner on any day between 10 AM to 12 AM after issuing prior notice to the petitioners."

The order was passed on a petition filed by Jacob, who is also an industrialist, and others for quashing of the case registered by Puthencruze Police Station for offences punishable under Section 3(1) (r) & (u) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR was registered on the basis of a complaint filed by Kunnathunadu Constituency MLA PV Sreenijin alleging that he was humiliated by Jacob and others. Sreenijin in his complaint alleged that Jacob and his party directed the members of a Panchayat to not share the stage with him in programs conducted in the constituency. He has further alleged that Jacob had done these acts with the knowledge that he belongs to the Scheduled Caste community.

Before the High Court, the petitioners have contended that even if the complaint and the FIR are taken as true at their face value, the same does not make out a case against them as the complaint does not disclose the essential ingredients that make up an offence under the provisions of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Case Title: Sabu M Jacob and Ors. v. State of Kerala