Shuhaib case: HC stays CBI probe

Erika Holt
March 15, 2018

Kochi: The state government received a temporary relief from the High Court on Wednesday in the Shuhaib murder case with the division bench granting an interim stay of the single bench order to conduct a CBI probe into the case.

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.

The state government had filed a petition in court against a probe by a Central agency.

Shuhaib was murdered at Edayannur in Mattannur on February 12, 2018. The Division Bench order came on the appeal filed by the government.

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The division bench reportedly made a decision 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. As Letter Patent (Madras) is applicable in such cases, and not the Kerala High Court Act, an appeal over an order issued by a single bench that was exercising criminal jurisdiction can not be considered by the high court, the counsel argued.

The police has mentioned all details of the probe in the case diary which will be handed over to the division bench in a sealed cover, the counsel said.

The argument on this case will be heard on March 23.

The government had earlier informed the court that 11 of the accused in connection with the murder of Shuhaib were arrested within a period of three weeks since the incident, and also the murder weapon and the vehicle used by the accused to escape were also recovered. The counsel alleged that police are busy destroying evidence ever since the single bench ordered a CBI probe. The single bench order violated the principle of natural justice and the principles settled by the Supreme Court, the government submitted.

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