KOCHI: The CBI Court on Thursday dismissed a petition seeking further investigation in the Fazal murder case stating there was enough evidence connecting CPM workers with the case.
The plea seeking further probe was filed by Fazal’s brother Abdul Sathar in the wake of the recent revelation by RSS activist Subeesh claiming responsibilty for the murder. However, Subeesh later retracted his statement claiming he was tortured by the police into making the false statement.
Subeesh had also filed complaints before the Koothuparamba Judicial First Class Magistrate, National Human Rights Commission and the CBI Director denying his confession and alleging custodial torture.
CBI Court Judge Kauser Edappagath observed as the probe into the case had already been completed, the Magistrate cannot suo motu order further investigation, and it will be permissible only if the investigation agency places a request on the detection of fresh facts.
“This is a case where the brother of the deceased, whose loyalty is under challenge, has come with an application seeking further investigation. The probe agency has not come forward with the demand.
“The other day, the CBI had vehemently opposed the prayer for further investigation. It has to be noted the CBI probe was ordered by the High Court pursuant to the writ petition filed by the wife of the deceased. Also, she has not come forward with any such prayer,” the court observed.
Referring to the Supreme Court verdict in the Amrutbhai Shambhubhai Patel vs Sumanbhai Kantibhai Patel case, the court stated it was clearly directed by the apex court that further investigation under Section 178(8) of CrPC, after taking cognizance of the court, can be ordered only on the request of investigation agency and it cannot be ordered on the request of de facto complainant.
“This court cannot direct further investigation on the petition filed by the brother of the deceased, which is stoutly opposed by the investigation agency. On that score alone, the petition is liable to be dismissed,” the court stated.
The court stated it had gone through the final report filed by the CBI in the case in detail. “There are sufficient materials to connect the accused with the crime,” the order stated.
The court also took note of the contradictions of facts in the statement given by Subeesh and the facts revealed in the CBI investigation, including the time of the murder and weapons used. It also considered the complaints filed by Subeesh on custodial torture by the police.
“The court has no hesitation to conclude that no sufficient and valid reason exists to order further investigation as prayed for,” it stated.NDF activist Fazal was murdered in October 2006. After the investigation was handed over to the CBI, six CPM party workers and two party leaders were arraigned as accused.
Verdict not disappointing: Karayi Chandrasekharan
Kochi: CPM leader and Fazal murder case accused Karayi Chandrasekharan said the CBI court order on the petition seeking probe into the role of RSS activist in the murder was not disappointing. Chandrasekharan, who was present at the court when the petition was dismissed on Thursday, said:
“There are higher courts where the verdict will be challenged. So, I am not disappointed. We expect Fazal’s brother Abdul Sathar will challenge the verdict in the High Court. People know the CBI had wrongly registered case against CPM workers. But one day, the truth will come out,” he said.
Counsel appearing for Abdul Sathar also claimed the CBI Court’s verdict would be challenged in the High Court. Though the revelation of RSS activist Subeesh claiming responsibility of the murder is crucial, the CBI is not eager to conduct investigation into this aspect, the counsel said.