Walayar case: HC asks Centre to take a call

State govt. recommendation for CBI probe

The Kerala High Court on Thursday asked the Union government and the Central Bureau of Investigation (CBI) to take a decision on the State government recommendation for a CBI probe into the death of two minor girls at Walayar as expeditiously as possible.

When a petition filed by the mother of the two girls seeking a court-monitored investigation and a CBI probe into the death of her younger daughter came up for hearing, the Central government submitted that the files in this regard would have to go to the Union Ministry of Home Affairs. Therefore, it needed time to ascertain the status of the file and inform the court about it.

Justice V.G. Arun orally observed that the government had already issued notifications requesting the CBI to take over the investigation in the case. It was, therefore, for the Central government and the CBI to take a final call on the government decision.

Senior Public Prosecutor Suman Chakravarthy submitted that the government had already issued notification authorising the CBI to conduct an investigation into the death of both the two girls.

The mother had earlier pointed out that the government had given its consent for a CBI probe only into the death of her elder sister. As a result, the CBI could not conduct a probe into the death of her younger daughter. So, she sought a directive to entrust the death of her younger daughter as well to the CBI.

The 13-year-old elder daughter of the petitioner was found dead by hanging at her home and her nine-year-old younger daughter committed suicide on March 05, 2017. Later, the Special Court for POCSO cases had acquitted the accused in the cases on the ground that the prosecution failed miserably to prove the cases.

However, the High Court set aside the acquittal and demanded a fresh trial. The prosecution had later filed a petition seeking to conduct a fresh probe into the case before the Special Court. In the meantime, the government had taken a decision to entrust the investigation with the CBI.

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