The Kerala High Court on Monday stayed a single bench order directing a CBI probe into a case related to the 2012 murder of an Indian Union Muslim League activist in Kannur district, in which CPI(M) leader P Jayarajan and party MLA T V Rajesh are among the accused.
A division bench comprising Acting Chief Justice Thottathil B Radhakrishnan and Justice Anu Sivaraman, while admitting the appeal filed by Jayarajan and Rajesh, asked CBI to stop all further proceedings in the Ariyil Shukoor murder case.
In its order, the single bench had directed the Kerala police to hand over the investigation to CBI. Following this, CBI had registered an FIR. According to the petitioners, the case does not satisfy the criteria adopted by the Supreme Court Constitution bench to hand over an investigation to CBI.
They submitted that the local police have investigated and filed a charge sheet incorporating offences including Section 302 (punishment for murder) of IPC in the murder case. They contended that the order of the single bench is against the spirit of the Supreme Court judgement.
The single bench had passed the order in February this year on a petition by Aathikka, mother of 22-year old Shukoor who was killed in Thaliparamba on February 20, 2012. She submitted that the police were unable to collect evidence and probe further into the case because of "stiff resistance and intimidatory tactics usedâ€ť by the political party to which the accused belong.
The state government had on December 19, 2013 issued a notification recommending a CBI probe into the murder, but the agency submitted it was unable to take up the matter as it was flooded with similar cases.
Jayarajan and Rajesh have been charged with not trying to prevent the killing of Shukoor despite getting information regarding the conspiracy. According to the police charge sheet, Shukoor was murdered because he was involved in an attack on Jayarajan and Rajesh while they were travelling in a vehicle.