Acquittal of 3 RSS workers in Riyas Moulavi murder case by Kerala Court
Kasaragod: In a significant development, the District Principal Sessions Court in Kasaragod has acquitted three RSS men accused of the murder of Mohammad Riaz Maulavi, a 27-year-old madrasa teacher from Kotak.
The incident, which occurred on March 20, 2017, saw Maulavi being hacked to death by a group that entered the old Churi mosque where he resided. The accused, identified as Ajesh, Nitin, and Akhilesh, alleged RSS activists, were arrested near the Kelugudde Ayyappanagar Bhajan Mandir.
The court proceedings in this case have been marked by several delays and changes in the scheduled verdict dates. Originally set for February 29, the verdict was rescheduled to March 7, March 20, and finally delivered today. The trial began in 2019 at the District Principal Sessions Court, but it faced multiple postponements due to judge transfers and the COVID-19 pandemic. Seven judges have presided over the case thus far.
The investigation into the murder was conducted by a special team led by Crime Branch SP Dr. A. Srinivas. The team submitted a comprehensive charge sheet to the court, including over 50 documents and the results of DNA tests. During the trial, the court examined 97 witnesses and reviewed 215 documents and 45 pieces of evidence.
Responding to the judgment, the Action Committee said that the Kasaragod district has witnessed a lack of convictions in cases related to communal violence. Out of the 11 cases where Muslims lost their lives and three cases involving non-Muslim fatalities, none of the accused have been punished. The committee highlighted that this lack of conviction is contributing to the recurrence of conflicts in the region.
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Supreme Court declares Tamil Nadu Governor’s withholding of assent to bills “illegal and arbitrary”
New Delhi: In a significant judgment, the Supreme Court on Tuesday ruled that Tamil Nadu Governor RN Ravi’s decision to withhold assent to 10 Bills passed by the State Assembly was “illegal” and “arbitrary”. The court also held that his move to subsequently reserve the Bills for Presidential consideration was not in line with constitutional principles and set aside the Governor’s actions.
The ruling, delivered by a bench comprising Justice JB Pardiwala and Justice R Mahadevan, marks a major victory for the DMK-led Tamil Nadu government. The court said the Governor had failed to act in "good faith" and had disregarded constitutional obligations.
“The action of the Governor to reserve the 10 Bills for the President is illegal and arbitrary. Thus, the action is set aside. All actions taken by the Governor thereto for the 10 Bills are set aside. These Bills shall be deemed to be cleared from the date it was re-presented to the Governor,” the bench stated in its order.
The court underlined that Article 200 of the Constitution does not grant unchecked discretion to the Governor. It laid down clear timelines for the exercise of powers under this provision, thereby reinforcing the principle of accountability in constitutional governance.
Timelines and Judicial Review
The judgment prescribed the following timeframes:
- A Governor must act within one month when withholding assent or reserving a Bill for the President’s consideration, with the aid and advice of the Council of Ministers.
- When reserving a Bill without the Council's advice, the Governor has a maximum of three months.
- If a Bill is re-passed by the state legislature after reconsideration, the Governor must grant assent within one month.
The court clarified that any delay or deviation from these guidelines could invite judicial review, thereby making the Governor’s actions subject to legal scrutiny.
“This court is in no way undermining the powers of the Governor. All actions of the Governor must align with the principle of parliamentary democracy,” the bench noted.
Tense relations between Raj Bhavan and State Government
Governor RN Ravi, a former IPS officer and ex-CBI official, assumed office in Tamil Nadu in 2021. His tenure has been marred by frequent clashes with the MK Stalin-led government. The ruling DMK has repeatedly accused him of behaving like a BJP spokesperson and obstructing the state government’s legislative and administrative functioning.
These confrontations have been evident in the Assembly as well. In 2023, the Governor refused to deliver the customary address, criticising the draft as containing “misleading claims far from truth”. In 2022, he omitted portions of the speech that mentioned leaders like Dr BR Ambedkar, Periyar, and CN Annadurai, as well as references to the “Dravidian Model” and the law and order situation in the state.
Last year, the Governor also walked out of the Assembly during his address after objecting to the absence of the National Anthem at the beginning of the session. As per tradition, the Tamil Nadu Assembly plays the Tamil Thai Valthu at the start and the National Anthem at the end. Governor Ravi, however, insisted that the National Anthem be played at both times.
The state government has maintained that the Governor’s repeated withholding of assent and refusal to act on Bills passed by the legislature amounts to an attack on democratic values and federalism.
Tuesday’s Supreme Court verdict is expected to have far-reaching implications on Centre-state relations and the constitutional role of Governors across the country.
