A CBI Special Court here on Thursday dismissed a petition seeking further investigation in the Fazal murder case, stating that there was enough evidence to connect the accused CPI(M) workers with the case.
Considering a petition filed by Fazal’s brother Abdul Sathar, seeking further probe in the case , the court observed that as the investigation had already been completed, the Magistrate could not suo motu order further investigation. It will be permissible only if the investigation agency places a request on the detection of fresh facts.
The petition was filed in the wake of recent revelations by Subeesh, an RSS activist, who had claimed responsibility for the murder. However, Subeesh later retracted his statement and stated that he had been tortured by the police into making the false statement.
“This is a case where the brother of the deceased, whose loyalty is under challenge, has come with an application seeking further investigation. The probe agency has not come forward with the demand,” observed the judge, also noting that the CBI had vehemently opposed the prayer for further investigation.
The court also stated that the CBI probe was ordered by the High Court pursuant to the writ petition filed by the wife of the deceased, who has not come forward with any such prayer. It also took note of a direction by the Supreme Court that further investigation under Section 178(8) of CrPC, after taking cognizance of the court, can be ordered only on the request of investigation agency.
The court also examined the final report by the CBI and found that there was sufficient material to connect the accused with the crime. It also took note of the contradictions of facts in the statement given by Subeesh and the facts revealed in the CBI investigation, including the time of the murder and weapons used, besides considering a complaint filed by Subeesh to the CBI on custodial torture.
NDF activist Fazal was murdered in October 2006. The CBI, which probed the case had arraigned eight persons, all CPI(M) activists as accused in the case.