The Kerala High Court today directed the state government and the CBI to file their response to a petition seeking a probe by the central agency into the killing of a youth Congress functionary in Kannur district.
When the petition filed by the parents of Shuhaib, who was the youth Congress Mattannur block secretary, came up, Justice B Kemal Pasha directed the state government and the CBI to file their replies by March 6.
The petition sought a CBI inquiry into the murder of Shuhaib, alleging that the present investigation was 'totally faulty' and 'mala fide'.
The petitioners alleged that the probe was going on in a manner dictated by the leaders of the ruling CPI(M) who "control" the police machinery in the district.
Police also intentionally omitted to invoke the provision of Unlawful Activities Prevention (UAPA) Act, the petitioners alleged.
Since prime accused Akash was close to those in high echelons of power, including CPI(M)'s Kannur district secretary P Jayarajan, it was necessary to have a free and fair investigation by CBI, they said.
The manner in which the murder was brutally planned and executed itself shows that there was a larger conspiracy which needs to be investigated by an independent agency without which it would be impossible to book the actual kingpins, they added.
Facts prove that the present police investigation was totally faulty and mala fide which warrants an independent free and fair investigation by a central agency, the petitioners claimed.
No purpose of investigation would be served if the case is investigated by local police which would be "partial, biased, motivated and prejudicial", they said.
Shuhaib was hacked to death allegedly by CPI(M) workers on February 12 at a tea stall.
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