High Court refuses CBI probe into advocate's murder

A Division Bench of the High Court has refused the Central Bureau of Investigation (CBI) inquiry into the murder of Mangalore-based advocate Naushad Kashimji.

The Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna agreed on Thursday with the State government’s assertion that the CBI cannot investigate the murder without its consent.

The Bench was hearing a writ appeal filed by the government challenging the order of a single-judge Bench. In his order on July 14, 2011, Justice Mohan Shantanagoudar had directed the CBI to probe the murder of Kashimji. The order was passed on a petition filed by the victim’s wife, Nusrath Jahan, who had raised doubts about the investigation by the Mangalore police.

But in an appeal against the order, Additional Advocate General K M Nataraj stressed that as per Section 6 of the Delhi Special Police Establishment Act, 1946, the government’s consent was mandatory for the CBI to investigate any matter.

Besides, Mangalore police had already completed investigation into the case and a charge sheet had been filed. “A CBI probe can be ordered only under extraordinary circumstances which do not exist in the present case. Besides, the move would demoralise the police who have completed the investigation and filed a charge sheet,” Nataraj said.

Kashimji, a criminal lawyer, was defending Rashid Malabari, an aide of Chhota Shakeel. He was shot down on April 9, 2009. His senior Purushotham Poojary had blamed the police for the murder.