Periya Double Murder-Supreme Court Dismisses Kerala Govt's Plea Against Further Investigation By CBI

The Supreme Court on Tuesday dismissed Kerala Government's plea against the decision of the Kerala High Court to transfer the further investigation in the Periya double murder case to the CBI.The State came in appeal against the judgment of the High Court of Kerala directing CBI investigation into the twin murders of Kripesh and Sarath Lal, who were members of the Congress party.They were hacked to death on February 17, 2019 at Periya, Kasargod district. The parents of the slain youth had approached the High Court seeking CBI probe alleging that the police investigation was being sabotaged at the instance of party workers of the CPI(M).On October 3, 2019, a single bench of Justice B Sudheendra Kumar directed CBI investigation, after terming the probe by the crime branch of state police to be a "sham".The single bench also set aside the final report filed in May 20 arraying 10 CPM workers as the accused. The state appealed against the verdict before the division bench.On August 25, 2020, a division bench of Chief Justice S Manikumar and Justice C T Ravikumar upheld the direction for CBI investigation. The division bench held that "serious slackness and incompleteness" have occurred in the investigation resulting in the case which had direct evidence to be weakened by one resting on circumstantial evidence."Taking note of the serious slackness and incompleteness that occurred in the matter of investigation which if investigated seriously, some times would have turned this case now rests on circumstantial evidence, to a case of a direct evidence tends us to think that to instill confidence and also to do justice to the parties it is only proper in the said circumstances to transfer the investigation to CBI. That has already been ordered by the writ Court. Hence, it is upheld".Perusing the detailed analysis of the High Court, upon which it arrived at the conclusion that the investigation by the local police was not fair, the bench headed by Justice L. Nageswara Rao, ruled that the High Court was right in transferring the investigation to the Central probe agency, "to instill confidence in the minds of the writ petitioners and the public in general and to ensure that the investigation is done in a fair and impartial manner".'We will not enter into the merits of the case as that would have an adverse effect on the trial. We are convinced by the reasons of the High Court for transferring the investigation to the CBI. We make it clear that by a mere transfer of the investigation, either the impartiality or the competence of the state police hase not been found to be deficient", observed the bench."As the CBI has already commenced the investigation has sought the records of the case to be furnished, we direct the state police to do the needful", the bench further directed."We have perused the paragraphs in the impugned judgement where Mr. Maninder Singh, Senior Advocate for the state of Kerala, submits that adverse remarks against the state have been made. We are not in agreement with Mr. Singh that anything adverse, against either the state or its investigation agency, is expressed", said the bench, dismissing the SLP.The bench had earlier observed that it shall interfere in the transfer of the probe to the CBI only if the agency has not made substantial progress. Mr Singh on Tuesday drew the bench's attention to the judgment of September 30, 2019 of the single bench of the Kerala High Court- "The chargesheet of the SIT of the state was rejected and inquiry was directed by the CBI. Adverse observations were made against the state government. The Single Judge had called it a political murder, saying that this is a conspiracy by the party in power i.e. the CPI(M)".Next, Mr Singh indicated the statement made by the standing counsel for the CBI before the Division Bench of the Kerala High Court on November 16, 2019, on which date the bench had reserved its judgement on the writ appeal against the ruling of the Single Judge- "The bench had asked the standing counsel for the CBI, Mr. S. Ajithkumar, 'Have you commenced the investigation after the order of the Single Bench'. I myself was present in court at that time. The CBI counsel had stated that while the CBI has re-registered the FIR as RC, it has not commenced any investigation. The Division Bench then said, 'Hold your hand until we decide this matter'"He further indicated an order passed by a Single Bench of the High Court on a bail application of three accused in the case on August 25 this year, on the same date when the impugned judgment of the Division Bench was pronounced. "It is recorded in the order that the CBI standing counsel had again said that while the CBI has taken over the investigation and re-registered the case, in view of the oral direction of the division bench it has so far not commenced any investigation", argued Mr. Singh.Mr Singh indicated the three grounds based on which the single bench of the High...

Periya Double Murder-Supreme Court Dismisses Kerala Govt's Plea Against Further Investigation By CBI

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