Accused Having Ties With Ruling Political Party Not Ground To Transfer Probe From State Agency To CBI: Kerala HC In ADM Naveen Babu's Case
Live LawWhile refusing to order CBI probe into former Kannur ADM Naveen Babu's death, the Kerala High Court today observed that accused merely having ties with the ruling political dispensation is not ground to transfer investigation from the hands of the State investigation agency. the transfer of investigation from the State Investigating Agency to the CBI should be directed by the superior courts sparingly, only in exceptional cases.The mere reason that the accused has political allegiance to the ruling political party is not a ground to transfer the investigation of the crime from the State Investigating Agency to the CBI." Necessary CCTV footage especially from the premises of the Collectorate, Railway Station and the official quarters of the deceased were not seized by the SIT No steps was taken to collect the Call Data Records of the Kannur District Collector, the accused and Prasanth who applied for a NOC for starting the petrol station The scientific evidence such as cellophane lifting from the palm of the deceased and the ligature allegedly used for hanging to confirm suicide, was not done with the assistance of a scientific expert. For a significant period, the SIT failed to record the statements of the deceased relatives, including the petitioner The accused has a strong backing of the ruling party which can naturally influence police investigation There could be a possibility that the deceased left a suicide note and it was suppressed by the investigation team to favour the accused.