Jishnu Pranoy Case: SC Entrusts Probe To CBI [Read Order]

In some of the areas, the high court has exceeded its jurisdiction and passed some observations which are going to touch the merits of the case pending before the trial court, the bench observed.

The Supreme Court has directed the Central Bureau of Investigation to probe into the mysterious death of engineering student Jishnu Pranoy of Kerala.

Background

Jishnu, a first-year engineering student at Nehru College in Thrissur district, was found dead in his college under mysterious circumstances. Nine months later, his mother Mahija through Advocate Jaimon Andrews  had approached the apex court demanding a CBI investigation.

The state had also preferred an appeal against Kerala High Court order granting bail to Nehru Group of Institutions’ chairman Krishna Das, the prime accused in the case.

CBI willing to investigate

 The bench of Justice NV Ramana and Justice S Abdul Nazeer entrusted the investigation to CBI as the Central government submitted before the court that it has approved to entrust the investigation to CBI.

The government, in its letter to ASG, informed that after consultation with the CBI and following the CBI's willingness to take up the case after reconsideration, it has approved to entrust the investigation on the subject cited above to CBI.

The bench, with regard to application for cancellation of bail filed by the State of Kerala observed that, instead of adjudicating it, the CBI is directed to examine the whole matter and if the CBI come to a conclusion that there is necessity for cancellation of bail, they are at liberty to move the high court.

In a related case (Shaheer Shaoukat), where the Kerala Government approached SC for cancellation of Bail given to Krishna Das, the bench had expunged some observations made by the high court in its judgment. The bench had observed: “The order passed by the High Court clearly indicates that in some of the areas, the High court has exceeded its jurisdiction and passed some observations which are going to touch the merits of the case pending before the trial Court. In our opinion, it was unnecessary and unwarranted for the High Court to make such observations.”

The SC bench earlier had barred Krishna Das from entering Kerala and had directed that he should remain in Coimbatore where Nehru Group corporate office is located and that he can enter Kerala only if the investigation team demands.

This order is still in force as the bench ordered: “We direct that the interim order passed on 7-7-2017 restraining the accused–respondent from staying at Palakkad, shall continue till the completion of trial.”