A Division Bench of the Kerala High Court on Tuesday upheld a single judge's directive for a CBI probe into the murder of two youth congress workers in Periya.
The Bench comprising Chief Justice S. Manikumar and Justice C.T. Ravikumar passed its judgement while partially allowing an appeal filed by the State government against the single judge's order for a CBI probe into the case .
The Bench, however, set aside the single judge's order quashing the charge sheet filed by the Crime Branch before the Hosdurg Judicial First Class Magistrate Court in the case.
The murder of Youth Congress workers Kripesh, 19, and Sarath Lal, 24, took place at Kallyot, near Periye, in Kasaragod on February 17, 2019. The crime branch had alleged that the murders had occurred due to the personal enmity harboured by Peethambaran, first accused, towards the deceased workers as Peethambaran had sustained injuries in an attack by the deceased and others.
The CBI probe into the case was ordered by a single judge on a writ petition filed the parents of the murdered youth congress workers.
The Division Bench's judgement came close on the heels of parents filing a petition seeking to transfer the government's appeal to another bench for a fresh hearing, in view of the inordinate delay in pronouncing the judgement by the bench.It had been nine months and eight days since the bench had reserved its order after the conclusion of the arguments on the appeal, the parents pointed out.
The single judge while ordering CBI probe had observed that materials are “sufficient to hold that there was no fair investigation” and that the materials on record “do disclose a prima facie case calling for an investigation by the CBI”.
The single judge had also noted that all the accused persons were leaders of the CPI(M), which is the ruling party in Kerala. Therefore, the credibility and confidence of the petitioner in the investigation had been lost, particularly when the deceased persons were leaders of the Congress party.
