STATE OF KERALA Vs. C. P. MOHAMMED

JUDGEMENT

(1.) The State of Kerala is the appellant before us aggrieved by the judgment dated 07.03.2018 of the learned Single Judge in W.P.(C) No.6630 of 2018. By the said judgment, the learned Judge transferred the investigation in FIR No. 202/2018 of the Mattannur Police Station from the Special Investigation Team headed by the Inspector General of Police, Kannur District, to the Central Bureau of Investigation [CBI].

(2.) The writ petition was preferred by the parents of one Shuhaib, a 27 year old youth who was found hacked to death at Edayannoor, near Mattannur in Kannur District at about 10.50 pm on 12.02.2018. Based on the statement of one Riyas, who was also stated to have been injured during the aforesaid attack on Shuhaib, the Police registered the FIR No.202/2018 under Sections 341, 324, 307, 302 read with Section 34 of the Indian Penal Code [IPC] and under Sections 3 and 5 of the Explosive Substances Act, 1908. The writ petitioners alleged that the attack on Shuhaib was the fallout of a clash between local CPI(M) party workers and Congress Party workers over an incident where the CPI(M) workers allegedly vandalized the Local Congress Party office, and the Congress Party workers, led by Shuhaib, condemned the said act and organized a protest meet in retaliation. It was the apprehension of the petitioners that, since the alleged suspects owed allegiance to the ruling political dispensation in the State, there would be no fair investigation into the crime. The non-recovery of the weapons used for committing the crime, from the accused that were apprehended immediately after the event, was cited as an instance of shoddy investigation by the State investigating agencies. The petitioners were also perturbed by the non-invocation of the provisions of the Unlawful Activities (Prevention) Act (hereinafter referred to as the "UAPA") while registering the FIR. The above omissions on the part of the investigating agency led the petitioners to lose their confidence in the said agency and it was therefore that they approached this Court with a prayer for transferring the investigation to the CBI.

(3.) The writ petition was presented before this Court on 27.02.2018 and on the same day the matter was posted to 06.03.2018 for the response of the State Government. As the matter could not be taken up on the said date, the matter stood adjourned to the next day i.e. 07.03.2018 when the State Attorney submitted a note giving details of the investigation carried on till then by Investigating team, and the arrests made in the course of such investigation.