Kerala High Court Reserves Order On Plea Seeking CBI Probe In RSS Worker's Murder

The Kerala High Court on Tuesday reserved its verdict on the preliminary objections raised in the plea seeking to hand over the investigation involving Rashtriya Swayamsevak Sangh (RSS) worker Sanjith's murder, who was hacked to death in November last year, to the Central Bureau of Investigation (CBI).

A Single Bench of Justice K. Haripal noted that it had already expressed its view that this is a matter to be investigated by CBI. The observations came in a plea filed by the RSS worker's wife seeking to hand over the case to CBI.

CBI represented by Central Government Counsel Suvin R Menon submitted that it was ready to take up the probe if the Court orders so. Senior Advocate S. Sreekumar appeared for the petitioner urged that the case be passed on the CBI for an effective investigation. 

On the other hand, the ADGP resisted the petition arguing that no bias has been alleged so far in the investigation carried on by the police. He added that similar to the case of Sukumara Kurup, there are certain instances where the accused could not be arrested by the agency. But it was asserted that this was not due to the ineffectiveness of the police.

The ADGP also contended that it was the paramount duty of the state agency to probe such cases. Additionally, it was submitted that he has not argued the merits of the case yet and that these submissions were merely on the preliminary objection raised in the plea.

After hearing the submissions of all the parties, the Court stated that it would pass an order on the preliminary objection. 

The Court had earlier opined that a CBI prove seemed necessary in the case since some of the accused in the case had hideouts outside the state which warranted the interference by CBI. It had added that since the State Police Chief had also raised concerns about the case, the CBI may have to investigate.

However, while opposing the plea, the State had earlier submitted that the final report in the case was almost ready and likely to be filed soon. The State pointed out that only one of the 18 accused were yet to be arrested and that the whereabouts of this accused was ascertained and that he would be arrested soon.

Sanjith was hacked to death in broad daylight on November 15 last year while he was taking his wife to her workplace. Police had soon arrested several persons, including an officer bearer of the Popular Front of India (PFI), in the case.

Case Title: Arshika S. v. State of Kerala