A Division Bench of the Kerala High Court, on Tuesday, dismissed as withdrawn an appeal filed against a single judge's verdict ordering a Central Bureau of Investigation (CBI) probe into a criminal case registered against Ramadas Pothan, former Superintendent of Police, Kasaragod, in connection with the death of an Indian Union Muslim League (IUML) activist in police firing on November 15, 2009, in Kasaragod.
The Bench, comprising Chief Justice J. Chelameswar and Justice P.R. Ramachandra Menon, dismissed the petition after Advocate-General K.P. Dandapani sought to withdraw the appeal. He submitted that he be permitted to withdraw the appeal in view of the social issue involved in the case.
The single judge had also directed the State government to pay a compensation of Rs.5 lakh to M.K. Musthafa Haji, father of Mohammed Shafeeque who died in the firing.
The single judge's verdict came on a petition filed by Mr. Musthafa seeking a CBI probe and compensation. The police opened fire when violence broke out ahead of a reception arranged for the State leaders of the IUML. A case was registered against the police officer on a directive of the magistrate court concerned for an offence under Section 302 (murder) of the Indian Penal Code.
The single judge had observed that the investigation in the case in which the sole accused was a former Superintendent of Police was conducted by an officer of the State police who was lower in rank than the accused officer. It was rather unfortunate that the investigation was not entrusted to an officer of higher rank, the single judge had observed.
