Kerala HC stays CBI probe into Congress worker's killing in Kannur

Lester Mason
March 15, 2018

The court considered only the arguments of the petitioners.

Kochi: The Kerala high court on Wednesday stayed the CBI probe ordered into the murder of Youth Congress block secretary Shuhaib at Kannur's Edayannur.

Earlier, Justice Kamal Pasha ordered a CBI probe into the case while considering a plea filed by the parents of Shuhaib. The Bench headed by Chief Justice Antony Dominic issued the interim order while admitting the appeal filed by the state government seeking to quash the order. As Letter Patent (Madras) is applicable in such cases, and not the Kerala High Court Act, an appeal over an order issued by a single bench that was exercising criminal jurisdiction can not be considered by the high court, the counsel argued.

Shuhaib was murdered at Edayannur in Mattannur on February 12, 2018. The counsel for the parents of S.P. Shuhaib, Youth Congress leader of Mattanuur, Kannur, opposed the appeal and pointed out that a five-member bench of the Kerala High Court in 1992 had ruled that the division bench does not have the authority to consider the writ appeal and only the Supreme Court could do it.

The case will be next heard on 23 March.

The court has also said that the police enquiry into the murder was not satisfactory and only the CBI could carry out an impartial probe.

Just last week, a single-judge bench of the HC had ruled that the CBI should investigate the case.

Following this, the division bench stayed the single bench verdict, observing that Asaf Ali's contention needed to be examined in detail.

The stay on CBI probe into the murder would pave the way for the state police to resume its investigation in the case, which has already yielded 11 arrests, all of them either CPI (M) workers or sympathisers.

Other reports by Iphone Fresh

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