KOCHI: The Kerala High Court on Wednesday directed the CBI to conduct a further investigation into the murder of Mohammed Fasal, an activist of the National Development Front (NDF), a Muslim outfit, in Thalassery in 2006 in view of the revelation by an RSS worker.
Kuppi Subeesh, who was arrested in connection with another political murder case registered in Koothuparamba police station, had revealed in 2016 that Fasal was murdered by RSS men including himself and three others -- Praneesh, Mahe, Prabeesh Kumar, Chembra, and Shinoj. There is undoubtedly a need for examination of the confession statement, the HC said.
Justice Ashok Menon issued the order on the petition filed by PK Abdul Sathar, elder brother of deceased Fasal, seeking a directive to conduct further investigation in the case. The petitioner submitted that Subeesh had allegedly admitted his involvement to his friend, over the phone, two years before his confession to the police. The recordings of that conversation were also produced by the police in a pen drive. Shinoj, a co-accused has also confessed about his involvement in the crime with Subeesh for murdering Fasal. The petitioner contended that the real culprits are not yet arraigned as accused.
Subeesh, who impleaded in the case opposing further investigation, submitted he was taken into illegal custody and forced to give a confession statement and made to admit about his involvement in Fasal's murder. He was subjected to brutal torture for two days at Azhikal Coast Guard Station, Kannur, by two Dy SPs. According to him, all this was done to weaken the case against the CPM leaders who are presently arraigned as accused, at the instance of the CPM-led LDF which is in power in the state.
The court observed that without an examination of those materials by the investigating agency, it was not proper to discard them altogether. "It may be true that the CBI may not be satisfied with the materials now collected by the local police during the investigation in some other case involving Subeesh. But there is no harm in examining those materials also, as a part of a further investigation under section 173(8) Cr. P.C," the court said.
The court directed CBI to constitute a special team to further investigate the case.
The CBI took over the investigation into the case on a directive of the High Court on a plea by the victim's widow Mariyu. According to CBI Fasal of Madapedika from Kodiyeri was murdered allegedly by a group of CPIM sympathisers after he defected from the CPM and joined the NDF on October 22, 2006. Eight persons including Karayi Rajan and Karayi Chandrashekharan, CPIM local leaders were arrested by the CBI.