Kochi, March 14 : A division bench of the Kerala high court led by chief justice Antony Dominic on Wednesday issued an interim order staying the single bench verdict directing a CBI probe into the murder of youth congress activist S P Shuhaib at Mattannur in Kannur district on February 12.
The order came while considering a writ appeal filed by the CPI(M)-led LDF government challenging the single bench order for a CBI probe in the case.
Media reports suggest that the court issued the stay even before the counsel for the state government prayed for the same.
The division bench reportedly decided to stay the CBI probe after T Asaf Ali, counsel for Shuhaib’s parents, brought to the attention of the court that the state government’s criminal writ appeal was not maintainable.
Citing a 1992 high court verdict, Mr. Asaf Ali reportedly argued that a writ criminal appeal pertaining to an incident which took place in the erstwhile Madras presidency could be entertained only by the supreme court.
Shuhaib’s murder took place in Mattannur town, which used to be part of Malabar district, an administrative district of the erstwhile Madras presidency. As such, a criminal writ appeal pertaining to the murder could be heard only by the supreme court, Mr. Ali contended.
Following this, the division bench stayed the single bench verdict, observing that Asaf Ali’s contention needed to be examined in detail.
Even though Mr. Ali requested the division bench not to issue an interim order on a writ appeal that was not legally maintainable, the court turned down his request.
The stay on CBI probe into the murder would pave the way for the state police to resume its investigation in the case, which has already yielded 11 arrests, all of them either CPI(M) workers or sympathisers.
Shuhaib’s parents and the congress party said that they would challenge the stay on the CBI probe in the case before the supreme court.
A single bench of the Kerala high court had on March 7 ordered a probe by the CBI into the murder of Shuhaib on a petition filed by his parents.
