RSS Worker's Murder: Kerala High Court Dismisses Wife's Plea For CBI Investigation

The Kerala High Court on Thursday dismissed the plea filed by the wife of deceased Rashtriya Swayamsevak Sangh (RSS) worker Sanjith, who was hacked to death in November last year, seeking the investigation to be transferred to the Central Bureau of Investigation (CBI).

Justice K. Haripal pronounced the judgment today after weeks of elaborate hearing, permitting the State Police to continue with their probe. Copy of the order is awaited.

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 and urged that the case be passed on to 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.

Notably, during the early stages of the hearing, the Court had opined that certain aspects of the case warranted a CBI investigation, particularly since the State Police Chief had also raised concerns about the case.

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

Citation: 2022 LiveLaw (Ker) 208

Click Here To Read/Download The Order