Kochi: The CBI has issued a summons to the Crime Branch demanding case diary and other documents in connection with the Periyar twin murder case. The CBI summoned the Crime Branch as per the CrPC section 91. Earlier, the CBI had directed the Crime Branch 7 times to hand over the documents. However, the Crime Branch failed to hand over the same which in turn resulted in the extra ordinary move from the CBI.
Currently, there is no hindrance for the CBI probe into the case. The government's appeal opposing CBI investigation is under consideration of the Supreme Court. The court will consider the plea on October 26. Till then, CBI has no obstruction in continuing the probe.
The CBI summoned Crime Branch DySP Pradeep Kumar according to the CrPC section 91 two days ago in connection with the case. There was no similar situation in the past when a central agency had to summon a state agency. The state government refused to hand over the case diary claiming that the case was pending in the high court.
Even after the verdict of the high court division bench was pronounced, the case details were not handed over. The government also approached the supreme court against this. If the summons is not followed, the CBI has the power to raid the DySP office and collect the evidences.
When the case was under consideration of high court division bench, the CBI had assured that the investigation would not be initiated until the verdict came. With this, they could not demand the case diary and other details. However, they have not made any such statement in the supreme court.
The top court also has not issued any interim order stopping the CBI from investigation. So, the CBI team has the right to issue the summons to Crime Branch demanding case details, as pointed out by the legal experts.