Naushad murder: High Court rejects plea for CBI probe

Bangalore - 17 Sep 2012: The Karnataka High Court on Thursday rejected a petition seeking a probe by the Central Bureau of Investigation (CBI) into the murder of Mangalore-based advocate Naushad Kashimji.

Justice A.S. Bopanna passed the order while dismissing a petition filed by Nusrath Jahan, wife of Kashimji, raising several doubts over the credibility of the investigation conducted by Mangalore police into the murder of her husband, who was allegedly facing threat to life from some police officers prior to his murder.

The High Court, however, said that though certain allegations were made in the petition about the threat from the police officials, there was no complaint lodged with the police in this regard.

Besides, the High Court has also found that it was not fit case to refer to the CBI as the jurisdictional police have already completed the investigation and have made arrest. The case is pending for trial before the Sessions Court in Mangalore. Kashimji was murdered on April 9, 2009. He was defending Abdul Rasheed Hassan alias Malbari, who is said to be an aide of underworld operator Chhota Shakeel.

A single-judge bench on July 14, 2011, had allowed the petition and had ordered for a CBI enquiry stating that third party investigation would put to rest any doubts in the minds of advocate fraternity about the investigation carried out by the local police, against whom certain allegations were made.

However, a Division Bench headed by the Chief Justice on February 2, 2012, set aside the July 14 order while pointing out that the single-judge had referred the case to the CBI though the State government was yet to file its objections.

The Division Bench had also said that the single judge should have given a reasoned order as per the guidelines laid down by the Supreme Court for handing over cases to the CBI.

Following this order, the petition was referred back to the single judge bench.

source: The Hindu