The Kerala High Court has ordered further investigation into the 2018 death of violinist Balabhaskar, criticising the Central Bureau of Investigation (CBI) for conducting a “casual and lackadaisical” probe into the case.

Justice G Girish allowed a plea filed by the late musician’s parents and directed the CBI to entrust the investigation to an officer of proven integrity, not below the rank of Additional Superintendent of Police.

The court noted that a coordinate Bench had, in 2022, identified 20 suspicious circumstances surrounding the musician’s death and ordered further investigation. However, the subsequent probe was conducted by an officer of a lower rank, who arrived at the same conclusions as the previous investigating officer.

“It is quite unfortunate to note that the Central Bureau of Investigation, which was expected to pay serious attention to the aforesaid 20 suspicious circumstances, took the matter in a casual and lackadaisical manner, and deputed an Inspector, lower in rank to the earlier Investigating Officer, to conduct the further investigation,” the court observed.

It said the Inspector appeared to have adopted a casual and perfunctory approach because he could not supersede the findings of the earlier investigating officer, who was senior in rank.

The court also recalled that the 2022 judgment had flagged the CBI’s failure to confront witnesses with the material collected during the investigation, despite suspicions surrounding their statements.

Instead of addressing these concerns, the subsequent investigation sought to reconcile inconsistencies by recording additional statements from the witnesses under suspicion, the court said.

It noted that some witnesses denied their earlier statements, while others said they could not remember details. The investigating officer, however, accepted their explanations without adequately examining the discrepancies, the court observed.

The High Court found several infirmities in the subsequent investigation and held that a fresh examination of the suspicious circumstances identified in 2022 by a senior officer was necessary.

It further observed that the investigation was contrary to the objectives of Section 173(8) of the Code of Criminal Procedure, 1973, and the principles laid down by the Supreme Court and various High Courts.

Balabhaskar, his wife and their daughter met with a car accident on September 25, 2018, while returning from a temple in Thrissur. Their one-and-a-half-year-old daughter died on the spot, while the violinist succumbed to his injuries a week later. His wife recovered after a month in hospital.

Within hours of Balabhaskar and his wife being admitted to hospital, Prakash Thampi, a close friend and manager of the musician, took possession of Balabhaskar’s phone, according to the case history.

The state police initially registered a case against the car’s driver for rash and negligent driving. Subsequently, Thampi and his associates were arrested by the Directorate of Revenue Intelligence in connection with a gold-smuggling case.

Later, cine and mimicry artist Kalabhavan Soby George claimed that he had witnessed a group of people involved in gold smuggling attacking Balabhaskar’s vehicle. Following the disclosure, the investigation was transferred to the Crime Branch, which concluded that the incident was an accident.

The probe was subsequently handed over to the CBI on July 27, 2020, following objections from Balabhaskar’s parents to the Crime Branch’s findings. An Additional Superintendent of Police conducted the CBI investigation, which also concluded that the death resulted from an accident.

The parents sought further investigation, but the Chief Judicial Magistrate rejected their plea. In 2022, they and Soby George approached the High Court challenging the rejection.

A co-ordinate Bench expressed dissatisfaction with the CBI probe, identified 20 suspicious circumstances and ordered further investigation to determine whether there was a conspiracy behind the accident.

However, an officer of a lower rank was subsequently assigned the investigation and reiterated the earlier findings, prompting the parents to seek further investigation before the Chief Judicial Magistrate again.

The present order was passed on the plea filed by Balabhaskar’s parents.
(With LiveLaw inputs.)