KOCHI: The Kerala High Court on Monday refused to order a CBI probe into the suspicious death of former Kannur Additional District Magistrate (ADM) K Naveen Babu. However, the court directed the Special Investigation Team (SIT) of the Kerala police to investigate the possibility of homicidal hanging as apprehended by the wife of the deceased.
While disposing of the petition filed by Manjusha, wife of the deceased, Justice Kauser Edappagath said that the plea seeking a directive to hand over the investigation of the case from the SIT to CBI is disallowed. The special investigation team shall carry out and complete the investigation fairly. The DIG, Kannur range shall scrupulously monitor the investigation being conducted and ensure that the investigation is properly conducted.
The SIT shall submit a periodical report to the DIG showing the progress of the probe. They shall also inform the progress of the investigation to the petitioner. "The SIT shall consider the grievances highlighted by the petitioner. After the competition of the probe, the draft final report shall be submitted before the DIG for vetting and approval. The final report shall be filed only after getting approval from the DIG," said the court.
The counsel for Manjusha, wife of the deceased, said that there is a possibility of homicide. The inquest report indicates the presence of bloodstains on the undergarments of the deceased. There is no mention of any blood or stains in the postmortem findings. This discrepancy leaves the source of the bloodstains on the undergarments unexplained, raising suspicion. As the inquest was conducted before the postmortem, it was incumbent upon the Investigating Officer to seek clarification from the medical examiner regarding this observation. The possibility of the deceased sustaining internal injuries cannot be ruled out, said the counsel for the wife.
The petitioner alleged that in all cases of unnatural death, viscera are preserved and sent for toxicological analysis to rule out the possibility of poisoning, whether self-administered or otherwise. However, in this case, neither the viscera nor blood samples were preserved or submitted for
examination.
According to the petitioner, a critical link, in this case, is Prashanth, whose alleged complaint regarding allegations of bribe for a NOC to start a petrol pump triggered the disparaging remarks made by the accused, P.P. Divya, during the farewell function. However, the SIT has failed to collect the complaint submitted by Prashanth to the Chief Minister’s Office, a pivotal piece of evidence. The CCTV footage from the area in front of and inside the Collector's office, Kannur during the hours preceding and following the farewell function has not been obtained. This footage is critical for corroborating the District Collector's statement that the deceased had met him and confessed.
The petitioner also argued that the PP Divya retains a considerable amount of power and influence in the ruling party. When Divya was released from jail, the State Secretary of CPM told the media that the party would continue to support its members. The counsel argued that the aggrieved is the widow of the deceased, who, through the actions and inactions of the State Police machinery, has lost all hope for an effective investigation by the police which would deliver justice and right the wrongs done to her deceased husband. The counsel further alleged that Divya, due to her political influence, is receiving assistance from the police to fabricate evidence in her favor.
Opposing the plea for a CBI probe, TA Shaji, Director General of Prosecution argued that the petitioner failed to provide any evidence to prove the lapses on the part of the police in investigating the case. When asked about the stand of the CBI, the counsel for the agency said it is ready to follow the order of the court in this matter.
