KOCHI: The Kerala High Court on Thursday observed it was not fair on the part of the state government to continue holding the view the offence under the Unlawful Activities Prevention Act (UAPA) cannot be attracted against P Jayarajan and others in the Kathiroor Manoj murder case. “The Centre had said first accused Vikaraman challenged the FIR and invoking of UAPA in the case. But the court had held the offence under UAPA will be attracted. When the court has dismissed the petition and directed the CBI to proceed, it is not fair on the part of the state to take such a view,” the court said.
“Even the first accused has not challenged the High Court order,” the court said.
The court also said even in the counter affidavit filed by the state, it is mentioned it ordered the CBI investigation. It may be an error on the part of the state as it can’t pass such an order.
“The state’s consent is required when CBI wants to investigate a case and such a probe was not ordered by the High Court,” the court said. The state’s affidavit said the incident took place within the territories of the state and there was no allegation of any terrorist act as defined in UAPA.