Kerala RSS leader murder: Jayarajan’s claim on Manoj murder self-defeating

Kochi: CPM leader P. Jayarajan’s recent claim that the Manoj murder is not a scheduled offence coming under the NIA Act is considered as a political blunder.

Legal experts point out that the claims will boomerang on Mr Jayarajan as the BJP-led union government will be forced to order an NIA probe as acting otherwise will be an endorsement of Mr Jayarajan’s claims.

The police have already registered a crime under the Unlawful Activities Prevention Act (UAPA) against the alleged CPM activists who hacked RSS leader Manoj to death.

The state government had referred the matter to the NIA stating that an FIR had been registered and that a scheduled offence had taken place.

Sources point out that if the NIA rejects a probe it will help the CPM and the whole case will be sabotaged. Usually, the UAPA is invoked in terrorism cases where the accused have waged war against the nation.

If an NIA probe is rejected, the state police or any other investigating agency will have to find strong material to prove the case.

In the normal course, on receipt of a report from the state government, the central government shall determine on the basis of information made available by the state government or received from other sources within 15 days from the date of receipt of the report whether the offence is a fit case to be investigated by the NIA.

The NIA Act also empowers the union ministry to suo motu direct the agency to investigate a scheduled offence if it is of the opinion that the offence is required to be investigated under the NIA Act.

Sources with the state’s legal team claim that the ball is in the centre’s court now and that the centre should make a decision soon. Sources claim that the gravity of the offence demands an NIA probe.