The Kerala High Court, on Tuesday, sought response from the State and the Central Bureau of Investigation (CBI) on a Petition seeking CBI probe into Youth Congress leader, Shuhaib's murder.
While five people have been arrested so far in the case, Justice B. Kemal has now directed the Respondents to file their replies by March 6 on a Petition filed by Shuhaib's parents.
The Petition alleges that the prime accused, Akash was close to those in high echelons of power, including CPI(M)’s Kannur District Secretary P. Jayarajan, and hence, asserts that the current investigation was going on in a manner dictated by the leaders of the ruling CPI(M) who "control" the police machinery in the district. It contends that Chief Minister Pinarayi Vijayan's rejection of the demand for a CBI probe was also due to pressure from the District Committee of CPM Party.
The Petition then points out that the local police had failed to invoke provisions under the Unlawful Activities (Prevention) Act (UAPA), despite this being a "terrorist act". It alleges that the murder was, in fact, "a larger conspiracy hatched by top-level CPM party leaders in Kannur District" and hence, contends that an impartial investigation by the Kerala Police was "impossible".
The Petition further calls the ongoing investigation an "eyewash", pointing out various lacunae in the probe. It submits, "...even at the very inception, the investigation of the case it was moving at snail’s pace as the investigators have not taken any serious steps to recover weapons used for the commission of offence and no worthy move is known to have taken to arrest the other killers and the conspirators who worked behind the larger criminal conspiracy hatched for killing Mr. Shuhaib other than some tall claims made by top police officials through media conferences about the progress of investigation. Even the Wagnor car, which used for the commission of the crime was seized by police on the 13th day after the commission of the crime."
It goes on to refer to new reports to highlight allegations against a few police personnel who have purportedly leaked out information relating to the investigation, which has prevented the Police from seizing the murder weapons. It, therefore, contends that if the local police is permitted to continue with their probe, they would, instead, "help the main culprits to escape from the clutches of law".
The Petition thereby contends that the investigation so far has been "totally faulty, lackadaisical and one-sided", undertaken with the objective to "screen and shield the actual master brains who hatched the criminal conspiracy", and demands that CBI be directed to take over the probe.