Kerala High Court refuses to order CBI probe into death of ADM Naveen Babu

The Kerala High Court on Monday refused to order a probe by the Central Bureau of Investigation (CBI) into the death of late Additional District Magistrate (ADM) Naveen Babu [Manjusha v. Central Bureau of Investigation & Ors.].ADM Babu's widow had filed a plea for a CBI probe on concerns that the CPI (M)-led State has been trying to shield its accused comrade and former Kannur District Panchayat President PP Divya, from legal consequences.Divya is the prime accused in the criminal case registered following Babu's death. The case involves allegations that Divya drove ADM Babu to die by suicide after she publicly accused him of corruption during a speech..Justice Kauser Edapagath rejected the prayer for a CBI probe into the matter, opining that the current investigation is proceeding well."It appears from the case diary that the investigation is proceeding in the right direction adhering to all the best practices in the criminal investigation. The petitioner could not point out any material flaw in the investigation conducted by the present investigation team warranting investigation by the CBI," the Court said in its judgment..However, the Court directed the Special Investigation Team (SIT) probing the case to complete the investigation swiftly and with due diligence. The Court added that the SIT probe should be monitored by the Deputy Inspector General (DIG) of Police at Kannur. The SIT was, accordingly, ordered to submit progress reports on its probe to the DIG.The Court further ordered the SIT to also inform Babu's widow about the progress of the probe as required under Section 193(3)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Notably, the Court made it clear that the SIT should also investigate the possibility of whether ADM Babu's death was a result of homicidal hanging..Mere reason that the accused has political allegiance to the ruling political party is not a ground to transfer the investigation to the CBI.Kerala High Court.Babu was found dead in his official quarters on October 15, 2024 after a farewell ceremony organised for him on account of his transfer to another district.At this farewell event, former Kannur District Panchayat President and CPI (M) leader PP Divya made some public allegations of corruption against Babu.Divya was subsequently charged with abetting his suicide and after a short period of judicial custody, she was granted bail by a Sessions Court on November 8..The petition moved by Babu's widow, Manjusha highlighted a series of events that suggested that there have been attempts to shield Divya from any legal consequences.It added that the SIT has failed to conduct an impartial or comprehensive investigation. In this regard, the petitioner stated that she had filed a request before the Chief Judicial Magistrate’s Court in Kannur to preserve crucial evidence related to the case.This includes CCTV footage from the District Collectorate premises, phone call logs, location data, and recordings involving the District Collector and Prashanth, a government official alleged to be connected to the events leading to Babu’s death.According to the petition, witnesses are afraid to testify against Divya as she is a powerful person with significant political connections. It was also submitted that the inquest following ADM Babu's death was conducted in a rushed manner, even before Babu's family could arrive at the scene..Manjusha's counsel highlighted Divya's continuing political influence by submitting that although Divya resigned from her Panchayat post after the case was registered against her, on December 7, she was appointed as a permanent member of the District Panchayat Finance Standing Committee.It was also submitted that there are various discrepancies between the inquest report and the autopsy report which put to question whether it was a case of homicidal hanging, rather than suicide..Meanwhile, the State argued that the SIT’s impartiality should not be questioned without substantial evidence. It was also contended that no exceptional circumstances exist in this case to warrant transferring the investigation to the CBI.After going through the case diary and other material on record, the Court declined to transfer the investigation to the CBI."The transfer of investigation from the State Investigating Agency to the CBI should be directed by the superior courts sparingly, only in exceptional cases where the investigation already conducted is found to be so unfair, tainted, malafide and in violation of the settled principles of investigative canons. Certainly, this is not such a case. The mere reason that the accused has political allegiance to the ruling political party is not a ground to transfer the investigation of the crime from the State Investigating Agency to the CBI," the Court added..Manjusha was represented by advocates John S Ralph, Vishnu Chandran, Ralph R John, Giridhar Krishna Kumar, Geethu TA, Mary Greeshma, Liz Johny and Krishnapriya Sreekumar.The State was represented by Director General of Prosecution and Senior Advocate TA Shaji, Additional Public Prosecutor P Narayanan, and Senior Government Pleader Sajju S.Senior Advoacate KP Satheesan appeared for the CBI..[Read Judgment]