Thiruvananthapuram / Kochi: The Central Bureau of Investigation (CBI) has issued a notice to Crime Branch warning that it will seize the documents and case diary in the Periya double murder case if they are not handed over.
It issued the rare notice under section 91 of the CrPC as it has not got the files even after writing six letters to the crime branch and despite weeks having passed since the High Court ordered transferring the case to the CBI.
In all the six replies to the CBI's letters, the SP had said that the permission of higher authorities had been sought to hand over the documents. The response was as per the instructions of the Chief Minister's Office. Even now, the indications are that the crime branch will not hand over the documents any time soon. CPM activists are the main accused in the case.
The CBI has got legal advice to approach the court for the documents. As per the advice, the agency need not approach the Chief Judicial Magistrate (CJM) court, which is overseeing the investigation, and that it should directly go to the High Court. In such an event, even the crime branch chief will have to appear in court.
The crime branch had earlier said that the documents were not being handed over due to lack of permission and that the CBI could start an investigation even if the files were not available. The police are, however, breaching the custom of handing over files as requested by the investigating agency when there is a court order.
The CBI had, in fact, submitted an FIR and started the investigation months ago on the basis of the order of a single-judge bench of the high court. However, the crime branch had even then created a hurdle by not releasing the files.
When the CBI said that the case cannot proceed without the files, a division bench of the high court expedited the hearing on an appeal against the single bench order. The division bench then upheld the single-bench order directing a CBI investigation in the case.
Meanwhile, the accused in the case were produced in the CJM court in Ernakulam via video and they were remanded in custody till October 14. One of the accused had COVID and could not be produced.
