The Kerala High Court Division Bench has put a stay on the order by the Single Bench to transfer the case with regards to the murder of Youth Congress leader Shuhaib to the CBI. The division bench ordered the stay after hearing the Kerala government's appeal against an investigation by the central agency.
However, the state government in its petition argued that the Special Investigation Team, set up to probe the killing, has arrested 11 persons involved in the attack and recovered the weapons and vehicles which were used in the commission of offence.
It further said the single bench order violated the principle of natural justice and the principles settled by the Supreme Court.
Just last week, a single-judge bench of the HC had ruled that the CBI should investigate the case.
In the appeal that was submitted by the government it was stated that the court's order for a CBI probe was based on media reports and did not examine the evidence collected by the SIT.
In this context, the Division Bench informed that a detailed examination is required on the grounds of this alleged legal issue.
"We (the CPI (M)) have nothing to fear in this case even as four of the accused belong to our party".
Local CPM legislator A.N. Shamseer welcomed the stay order. "We have ousted the four from the party".
Shuhaib, who was 29 years old, was hacked to death in Mattanur, Kannur, on February 12, 2018. He was the Block Secretary of the Youth Congress.