Kerala High Court Permits Ailing PFI General Secretary to Appear Through VC In Cases Related To Flash Hartal

The Kerala High Court on Monday directed that video conferencing be arranged for the appearance of A Abdul Satar, the general secretary of the Popular Front of India (PFI) before various courts in the cases connected to the flash hartal organised by PFI last year.

The court took note of the submission of his counsel that he is suffering from various ailments. The state attorney informed the court of the communication by the Superintendent, High Security Prison, Viyyur where he is currently held, that the prison contains 5 video conferencing rooms and that his presence can be ensured before various courts as and when required.

A Division Bench consisting of Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. directed that :

“Taking note of the said report of the Superintendent, High Security Prison, Viyyur, we direct that the various courts dealing with the cases involving the 1st respondent herein may require the production of the 1st respondent before them through video conferencing so as to avoid the necessity of transporting the 1st respondent from the High Security Prison, Viyyur to their respective courts on each and every occasion. In case, the physical presence of the 1st respondent is indispensable, then the courts concerned may direct the same after passing a specific order in writing to that effect. We make it clear that such physical presence shall be insisted only in exceptional circumstances, and as far as possible, the requirement of physical presence may be avoided, inter alia, for security reason.”

The court in its order dated 29.09.2022 had directed the State Government to make PFI General Secretary an additional accused in all the cases registered in the State following the flash hartal. It had also directed the Popular Front of India (PFI) to deposit an amount of Rs. 5.20 crores with the Additional Chief Secretary, Home Department, towards the damages estimated by the State Government as well as the KSRTC on account of its 'flash hartal'.

The court had observed that PFI and its general secretary are "wholly and directly responsible" for the injuries inflicted by their supporters on the citizens, as also for the damage caused to public/ private property.

The case relates to the flash hartal organised by PFI, following the arrest of its leaders by the NIA. The organisation has been banned by the Ministry of Home Affairs under the UAPA.

In the previous hearing the court had directed that the properties of those persons who have no connection with the Popular Front of India and which were erroneously attached by the authorities have to be 'released' to them by lifting the attachment of the properties.

Case Title: Suo Motu V A Abdul Satar

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