K.P.YOUSUF Vs. ADDITIONAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed for quashing the appointment of the third respondent as Special Public Prosecutor in the case S.C.No.471/2011 on the file of the Additional Sessions Court-III, Thalassery.

(2.) The material averments in the writ petition can be stated as follows: The petitioner is the father of Salim, who was murdered on 23.07.2008. The case S.C No. 471/2011 relates to the murder of the son of the petitioner. As per Ext.P4 notification, the third respondent has been appointed as the Special Public Prosecutor for the conduct of the prosecution in the aforesaid case, which is based on Crime No.515/2008 of Thalassery police station.

(3.) The petitioner has filed W.P.(C) No.5896/2013 before this Court for issuing a direction to entrust the investigation of the aforesaid case by the Central Bureau of Investigation (CBI). The petitioner received Ext.P2 lawyer notice in February, 2017 from the third respondent in his capacity as the lawyer representing one K.P.Prabhakaran. In Ext.P2 notice sent by the third respondent, it is stated that the petitioner has made baseless and malafide allegations with regard to the death of the son of Prabhakaran. The petitioner has sent Ext.P3 reply to Ext.P2 lawyer notice.