KOCHI: Expressing displeasure over the delay in judgment in the appeal filed by the state government opposing CBI probe into the Periya twin murder case, parents of deceased Youth Congress workers approached the Kerala High Court on Monday seeking to issue a directive to the government to withdraw the appeal and transfer it to any other bench for fresh argument.
The duo was killed at Periya, Kasaragod, on February 17, 2019.
A division bench comprising Chief Justice S Manikumar and Justice C T Ravikumar had reserved its order after the conclusion of the arguments by the state government and counsel of the victims' parents on November 16, 2019.
While ordering a CBI probe, the single judge had observed that the investigating officer filed the charge sheet blindly, without conducting any proper or effective investigation to find out the truth, believing the version of Peethambaran, a local CPM leader and the prime accused in the case. However, the state government filed an appeal before the division bench.
The parents Kripesh, and Sarath Lal submitted that the division bench has not yet pronounced the verdict even though nine months have passed after reserving its order.
In the Anil Rai vs the State of Bihar case, the Supreme Court had stated that if the judgment is not pronounced within a period of six months for any reason, any of the parties shall be entitled to move an application before the chief justice of the High Court with a prayer to withdraw the case and transfer it to another bench for a fresh hearing.
It is up to the chief justice to grant the prayer or to pass any order.
The petitioner argued that even on the very first day of the hearing, the division bench was not inclined to grant any stay for the CBI probe. The CBI had re-registered the case and an investigation team was constituted. The agency had collected the call detail records of the accused persons, suspects and some of the officials. It is learnt that the Crime Branch had withheld some case records without being transferred to the CBI due to external interference. Hence, the CBI could not effectively proceed with the investigation.
"Taking advantage of the situation, some of the key accused persons are making efforts to obtain bail in the case. In such an event, there is every chance of terrorising the witnesses including the parents. We're now under imminent threat to our life," the petitioners said.
Timeline
February 17, 2019: Kripesh and Sharathlal were killed by CPM workers in Periya, Kasaragod.
April 2, 2019: Parents of the deceased had approached High Court seeking CBI probe
September 30, 2019: Justice B Sudheendra Kumar ordered CBI probe into the murder. The court had held that the investigating officer filed the charge sheet blindly, without conducting any proper and effective investigation to find out the truth believing the version of Peethambaran, first accused in the case.
October 23, 2019: CBI re-registered the case and submitted a report before the Chief Judicial Magistrate Court, Ernakulam.
October 28, 2019: State government filed an appeal before the Division Bench headed by the Chief Justice.
October 29, 2019: The appeal came up for admission before the Bench.
November 4th, 5th and 12, 2019: The case was heard by the bench and detailed written submissions were also given by both parties.
November 16, 2019: The Bench reserved its order after the conclusion of the arguments by the state government and counsel for the victim's parents.