Tuesday, July 6, 2010

Fazal case: SC rejects Kerala Government\'s plea

NEW DELHI: The Supreme Court has dismissed a special leave petition filed by Kerala Government challenging the Division Bench order of the Kerala High Court directing a CBI probe into the murder of Fazal Mohammed.

Fazal was a CPM activist and later shifted his loyalties to the National Development Front (NDF). He was working as a newspaper boy at Thalassery in Kannur. He was found murdered on March 22, 2006 at 5 p.m. in Thalassery. The allegations were that the CPM activists killed Fazal. The police conducted investigation and arrested three persons belonging to the CPM. Meanwhile, Fazals wife moved the High Court by way of a writ petition seeking a probe by the CBI.

A Single Judge of the High Court allowed the petition, directed a CBI probe and made some observations which were not very charitable to the State Government. On appeal, Division Bench of the High Court expunged the observations, but permitted the CBI probe.

The state moved the apex court challenging the order of the Division Bench. When the matter came up on Tuesday before a Bench comprising Justice Aftab Alam and Justice R M Lodha, counsel for Kerala contended that the state police had conducted a thorough investigation into the murder and there is no need for a CBI probe.

It was argued that a CBI probe cannot be directed without the consent

of the State Government. However, the Bench, citing a judgment by the

Constitution Bench, said that CBI probe could be directed, and dismissed the petition filed by Kerala.

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