The Kerala high court on Tuesday called for all records relating to the alleged custodial torture and subsequent death of a murder accused in March in 2010.
The direction in this regard was issued by a division bench comprising chief justice J. Chelemeswar and justice Antony Dominic on an interlocutory application filed by DIG Vijay Sakhare seeking a stay on all further proceedings in an earlier judgement in which investigation in the case was handed over to CBI. Sakhare was the Palakkad SP when Sampath, the murder accused died in police custody.
Sampath was arrested as a prime suspect in the murder of a businessman's wife Sheela in Palakkad for gain on March 23 2010. The 47-year-old woman was found with her throat slit, and her 70-year-old mother Karthiyani amma was seriously injured inside their home.
He died after alleged torture during questioning. There were 63 ante mortem injuries (injuries a body has received before death) on his body.
Justice V. Ramkumar had on a petition by Sampath's brother Murukesh, directed police to hand over the investigation in the case to CBI. Sakhare stated that even after disposing the petition, the single judge had directed CBI to file periodical progress reports in the high court and chief judicial magistrate court.
While allowing the application by Sakhare, the bench today raised doubt in the jurisdiction of the Single Judge to monitor investigation of the case after disposing the writ petition and directing to handover the investigation to CBI.
Senior counsel of the Supreme Court U.U. Lalit, appearing for Sakhare, argued that the single judge was acting beyond his jurisdiction and passing certain directions in a matter which has been disposed, was illegal.
Sakhare's plea was that since the single judge has become 'functious officio' (ceased to function), the division bench may call for the records of the petitioner so that the single judge is not allowed to proceed further in the case.
The bench posted the case to May 30.
CBI had filed a report in the CJM court here stating that additional DGP Mohammed Yasmin and DIG Vijay Sakhare are suspected to be involved in the custodial torture and death of Sampath and had named them 16th and 15th accused respectively.