Malabar cements case: Credibility of CBI under a cloud

Published: 27th July 2013 01:27 PM  |   Last Updated: 27th July 2013 04:14 PM   |  A+A-

Coming down hard on the CBI which probed the death of V Saseendran, former Company Secretary of Malabar Cements Ltd (MCL) and his two minor sons, Ernakulam Chief Judicial Magistrate on Friday returned the chargesheet of the case and ordered CBI to conduct a detailed investigation.

V Hari Kumar, Chief Judicial Magistrate, observed that credibility of the prime investigation agency(CBI) is under a cloud. V Hari Kumar said that investigation of Saseendran case is unsatisfactory. The court also criticised investigation officer Nandakumar Nair.

“On persual of the materials of the case, I have no hesitation to order that CBI was trying to waterdown the offence appeared to have committed by the accused. The higherups of CBI also will oversee the investigation so that truth of the occurance comes to light. I have no option but to order impartial and unbiased reinvestigation of the case”, the court observed.

Court said that the conduct of CBI is so disturbing. In this case without having a detailed study of scientific tests, CBI presented an incompetent report of the case. The court also observed that the High Court had handed over the case to CBI considering the expertise of the agency in investigation. The High Court had also expressed an expectation of complete justice to the widow. But the present investigation is unsatisfactory and unfair, the court said.

“It appears from the conduct of CBI in the case that ‘credibilty’ of the prime investigation agency itself is under a cloud. The investigation officer neglected to unearth the hidden truth by a meticulous analysis of the scientific evidence. CBI has not discharged its duty to rule out the possibility of murder. Even in the absence of established evidence on the possibility of suicide from wounds on the body of the deceased Saseendaran, the investigation officer jumped to the conclusion that it is a case of suicide. The evidence on available record evaluates the investigation as a defective one. The court found no sufficiency to justify the opinion of the investigation officer in the report”, the Magistrate said,

The report said that there were eight injuries on the body of Saseendran, on his wrist, legs, thighs, chest and back armpit fold. Even though forensic expert Dr P V Gujaral reports said that death of Saseendharan occurred due to hanging, it did not throw light on the injuries inflicted on Saseendharan’s body.

The forensic experts committee comprising eight experts said that injuries might have occurred after Saseendran fell off the ladder. But experts also stated that considering the injuries it has not occurred in a single fall. The investigation was not carried out in this regard.

“The imaginative investigation officer who collected evidence of this case, had beautifully narrated a story ignoring the spirit of the orders of the High Court. The available evidence said that Saseendran gave parotta to his children in the evening. If he had any intention to cause the death of his children, it would have been easily done by mixing poisonous substances in the dish. The report said that Saseendran took rigorous and harsh methods to kill his children. The events of the imaginatory story in the report are found to be in conflict with the circumstances emanating out from the scientific evidence”, the court observed.

P V Gujaral reported blood at the crime spot. Another forensic expert Dr Alexander Thomas also reported blood on the dresses of Saseendran’s children. But the public laboratory did not mention in its report any presence of blood at the crime spot after collecting samples. The forensic laboratory also did not mention anything. The court said that the laboratory has not conducted the examination properly, and added that it is the duty of the investigation officer to unearth the cause of the wounds inflicted over the body. Even the police report said the wife of Saseendran found the door locked from outside and the key was dropped near it. When she opened the door, she found the bodies hanging. CBI did not explain who had locked the door from outside.

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