Kochi: Amid recent reports that Kerala government drafted top lawyers to prevent a probe by the Central Bureau of Investigation (CBI) into the politically sensitive Shuhaib murder case, the Kerala High Court has passed an order to this intended effect. The top court in the state cancelled its previous order that called for a probe by the apex investigation agency into the murder of Youth Congress activist Shuhaib at Mattannur in the Kannur district last year.
The division bench of the HC on Friday quashed the earlier order by the single bench.
Shuhaib's family said that they would approach the Supreme Court against the Kerala HC's latest order.
The state government had contended that the single bench had ordered for the CBI probe by only considering the petitioner's arguments and without even checking the case diary. The CPM-led Left Democratic Front (LDF) government had argued in court that there was no need for a CBI probe.
The government had filed the appeal to the division bench, pointing out that the Shuhaib murder case does not fall under the purview of the Unlawful Activities Prevention Act (UAPA).
The HC concurred with the government’s contention that there was no need for a CBI probe as the investigation into the murder case was being carried out efficiently.
Shuhaib's parents, C P Mohammed and S P Rasiya, had moved the HC, pointing out lapses in the police probe. Based on their petition, Justice B Kemal Pasha had ordered for a CBI probe in March 2018. The government had moved the High Court against this, contending that local rivalry had led to the murder.
The government also asserted that the murder cannot be termed as a political killing by merely showing photos of the accused along with certain political leaders. It also pointed out the Supreme Court order that a case can be transferred from the local police to another agency only if there is sufficient reason for this.
Earlier, it was reported the government had drafted Supreme Court lawyers from Delhi to fight its case by incurring more than Rs 50 lakh. The Chief Minister had given out special instructions to quickly pay up the advocate's huge fees, it was said.
Shuhaib was hacked to death by a gang as he was having food from a roadside eatery in Kannur on February 12, 2018. Shuhaib bled to death even before he could be taken to the hospital.
The CPM had ousted two of its members who were named as accused in the case.
