KOCHI: The CBI which carried out an additional probe into the role of RSS workers behind the Thalassery Fazal murder case found that CPM and Kerala Police tried to sabotage the case. The agency recommended action against two DySPs and a circle inspector-ranked officer for establishing that it was not CPM men but RSS workers who were behind the murder.
Fazal, who left CPM and joined NDF, was murdered near Saidarpalli in Thalassery, Kannur, on October 22, 2006. The police probe was taken over by the CBI following a petition filed by Fazal’s wife Mariyu. The CBI had filed the chargesheet against eight CPM workers including two local leaders in 2012.
Following a plea by Fazal’s brother P K Sathar based on the confession statement of RSS worker Subeesh E, the Kerala High Court had ordered CBI to carry out an additional investigation into that aspect. The agency filed a report at the CBI court to close the additional probe recently. Subeesh who was arrested in the Mohanan murder case in November 2016 reportedly confessed that Fazal was murdered by RSS workers. Later, Subeesh, in a press conference, revealed that he was tortured by the police to give a false statement.
The CBI as part of the additional probe examined Mariyu. “She said the present petition for further investigation was a politically motivated one to save the real culprits from the clutches of law. Fazal’s eldest brother, Abdul Rahman, was an active CPM worker and he persuaded Sathar to file a petition at the High Court. All help for filing the petition was done by CPM,” CBI said in the report.
The central agency also examined both brothers. “Both brothers were dancing to the tune of some interested parties,” the report said. Similarly, RSS workers Prameesh, Prabeesh and Shinoj who were named in the controversial confession statement of Subeesh were also examined by CBI. They told the CBI officers that they were approached by CPM leaders to own up responsibility for Fazal’s murder. “This clearly indicated the CPM leaders’ role in making Subeesh give the confession statement.”
Subeesh was taken into custody from his car at Moorad bridge in Vadakara at 9.30pm on November 17, 2016. He was taken to a secret place at Azhikode where DySP Sadanandan manhandled him and threatened him to make him confess. Afraid of the torture, he agreed to confess as taught. He was shifted to the Kannur DySP’s office where he was questioned by DySP Prince Abraham. The audio and video recording of the questioning was done several times and in many versions till both officers became satisfied.
During the course of interrogation, DySP Sadanandan spoke to someone on the telephone and told the caller that Subeesh would confess as taught by them. After questioning DySP Sadanandan, DySP Prince Abraham and CI Suresh Babu, CBI found that Subeesh was illegally kept in custody on November 17 and November 18. Similarly, till November 17, Subeesh was not named an accused in the Mohanan murder case. It was on November 18 his arrest was recorded and he was produced before the magistrate on November 19. The analysis of the confession statement revealed that more than 90% of the statements were related to the Fazal murder case though it was recorded as part of the Mohanan murder case.
There was also no certificate of the investigation officer in the confession statement that was “read out to him and admitted to be true”. “It is evident that the alleged confession was not the statement made by Subeesh voluntarily and it was made as per the whims and fancies of the investigation team,” the report stated.
Another error unearthed by CBI was related to the video recorded. DySP Sadanandan told the agency that Subeesh’s confession statement was recorded on November 18, 2016. However, in the CBI’s analysis, it was found that the video was recorded on November 19, 2016. Similarly, several facts related to Fazal’s murder found in the CBI probe contradicted Subeesh’s confession statement.