KOCHI: In a major setback to CPM in the state, a Division Bench of the Kerala High Court on Thursday dismissed the appeal filed by CPM Kannur district secretary P Jayarajan and TV Rajesh MLA challenging the order directing further investigation by CBI in the murder of IUML activist Ariyil Abdul Shukkoor. Jayarajan and Rajesh are the 32nd and 33rd accused in the case.
The latest development will enable the CBI to proceed with the investigation.
The CPM leaders submitted that there were no materials before the Single Judge to come to a conclusion that the investigation was not being done in a proper manner.
The case diary pertaining to the case had not been made available to the court or examined by the Single Judge while making the observations and passing the judgment. The petitioners submitted that the case will not fall in the category of rarest of rare cases or exceptional circumstances as has been laid down by the Supreme Court.
While handing over the case to CBI, the Single Judge observed that if self-proclaimed kings of a locality were permitted to rule in the matter of investigation, criminal justice would become causality in their hands.
The court noticed that the way in which the investigating officer had prepared the final report in the case, clearly reveal that the investigating officer had laboured much to discriminate Jayarajan and Rajesh from the charge of criminal conspiracy.
The court observed that "when P Sureshan, K Babu, KV Venu and AV Babu, who were present at the hospital with CPM leaders P Jayarajan and MLA TV Rajesh, could be arraigned as accused under section 120 B of IPC, the court is at a loss to understand as to why the investigating officer could not collect evidence related to a similar offence by the leaders."
The petition stated that all the observation made by the single judge will adversely affect Jayarajan and it amounts to a direction to conduct the investigation in a particular manner.