Congress worker Shuhaib was brutally hacked to death by a gang on the night of February 12.
In a major relief to the CPM-led state government, a Division Bench of the Kerala High Court on Wednesday stayed the Single Judge order handing over the probe into the murder of Youth Congress leader S P Shuhaib, to the CBI.
The state government opposed this order on Wednesday, arguing the state police's special investigation team on this case did not get a chance to file a counter affidavit so far, said a report on news website The Newsminute.
The court considered only the arguments of the petitioners.
The division bench reportedly made a decision to stay the CBI probe after T Asaf Ali, counsel for Shuhaib's parents, brought to the attention of the court that the state government's criminal writ appeal was not maintainable.
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A single bench of the Kerala high court had on March 7 ordered a probe by the CBI into the murder of Shuhaib on a petition filed by his parents. The stay is valid till March 23, when the court will consider the appeal of the government again. The counsel alleged that police are busy destroying evidence ever since the single bench ordered a CBI probe.
The parents also submitted that since the prime accused, Akash, was close with those in the power, it was necessary to have a free-and-fair investigation in the case by the CBI. The 11 accused in the case were nabbed and weapons used for the murder and the vehicle used by them were recovered, the State submitted.
Even though Mr. Ali requested the division bench not to issue an interim order on a writ appeal that was not legally maintainable, the court turned down his request.
CPI (M) legislator AN Shamseer, who represents the Thalassery Assembly constituency in Kannur, welcomed the stay order.