KOCHI: The Kerala High Court on Tuesday dismissed an appeal filed by the state government challenging a Single Judge order to hand over the investigation to the CBI in a criminal case regarding the police firing in Kasargod. With this, the final hurdle for a CBI probe into the incident is over. An order was issued to dismiss the appeal as withdrawn after Advocate-General K P Dandapani sought permission to withdraw the appeal. The case was registered against Ramadas Pothan, former Superintendent of Police, Kasargod, in connection with the death of an Indian Union Muslim League activist in police firing on November 15, 2009 in Kasargod. Appearing for the government, the Advocate-General said that considering the social issue involved in the case and its circumstances the government may be permitted to withdraw the appeal. Recording the submissions, a Division Bench comprising Chief Justice J Chelameswar and Justice P R Ramachandra Menon dismissed the appeal.The LDF Government had challenged a Single Bench order directing the CBI to conduct a probe into the police firing which took place in Kasargod on November 15, 2009. After the UDF came to power, the Cabinet decided to move forward with the CBI inquiry. The Single Judge had also directed the state to pay a compensation of `5 lakh to M K Musthafa Haji, father of Mohammed Shafeeque, who died in the firing. The LDF Government’s stand is that there was no need for a CBI probe. If the court ordered, the investigation could be entrusted to a higher officer. The police opened fire as a last resort when the Muslim League workers started indulging in violence such as destroying police vehicles and private vehicles. Muhammed Shafeeque was an active member of the assembly. The police firing and consequent death of the Muhammed was unavoidable in view of the situation that had prevailed there, petition said.The Single Judge’s directives were issued on a petition filed by Musthafa seeking CBI probe and compensation. The police opened fire when violence broke out ahead of a reception arranged for the state leaders of the Indian Union Muslim League in Kasargod town. According to the him, his son came to the town to attend the public meeting. The meeting was stopped for one-and-a-half hour to enable League workers to perform prayers.
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