In this Writ Petition under Article 226 of the Constitution of India filed on 29-3-2007, the petitioner (Mariyu) who is the wife of one Muhammed Fasal of Madapapedika in Thalassery, seeks a writ of mandamus directing the 6th respondent, State of Kerala to entrust the investigation of C.B.C.I.D Crime No. 313/CR/KNR/2006 (Crime No. 442 of 2006 of Thalassery Police Station) with respondents 3 and 4 namely, the Cochin Unit of Central Bureau of Investigation and the Central Bureau of Investigation, New Delhi.

THE LAMENTATIONS OF A WIDOW

2. Thepetitioners version regarding the occurrence is as follows:-

Muhammed Fasal, the late husband of the petitioner was a newspaper vendor by occupation . He was vending the newspaper daily by name " Thejus". At about 3.30 a.m. on 22-10-2006 he had gone to collect newspapers and distribute them. But he was brutally murdered at the wee hours of 22-10-2006 from the temple road Thalassery near the Liberty Quarters. The deceased had sustained as may as 20 stab injuries. The nature of the injuries would suggest that the murderers were professional assailants having expertise in committing such offences. It was a pre-planned cold-blooded murder. On 22-10-2006 itself Crime No. 442 of 2006 was registered by the Sub Inspector of Police, Thalassery, under Sec. 302 I.P.C. against unidentified persons on receipt of an anonymous telephone call to the effect that somebody was lying wounded on the road in a pool of blood. Even though the police took Fasal to the Government General Hospital, Thalassery, the doctor after examining him pronounced him dead. Immediately the investigation of the case was taken over by the first respondent Superintendent, CBCID, Thalassery. So far no person has been arrested and the investigating agency would take the stand that there is no clue regarding the assailants. The deceased was a supporter of the National Democratic Front (NDF). The deceased was a person of good behaviour and as far as the petitioner knows he had no enemies. However, on account of the political conditions prevailing in that area the deceased used to tell the petitioner that the local members of the Communist Party of India (Marxist) ("CPM" for short) were not happy with him. He was earlier an ardent supporter and worker of C.P.M. But later he shifted his allegiance and joined the N.D.F. Many of the Muslim members of that locality had defected to the N.D.F. at the instance of the petitioners husband. Fasal was instrumental for many persons terminating the subscription to the C.P.M. party newspapers and subscribing to "Thejus" Newspaper. By this, Fasal had invited the wrath of the C.P.M. Activists. The investigation of the case was proceeding in the most unsatisfactory manner. Even though the police dog attached to the dog squad had, after sniffing, got into the house of certain ardent workers of C.P.M., the then Dy.S.P. of DCRB by name Radhakrishnan who had made commendable headway into the investigation was withdrawn from the investigation team. It is pertinent to note that the gruesome murder in this case took place in the Constituency of Kodiyeri Balakrishnan the present Home Minister . With a view to throw the investigating agency and the public off the scent the assailants had planted tridents (thrisuls) near the dead body so as to create an impression that members of the Rashtreeya Swayam Sevak Sangh ("RSS" for short) were behind the murder of Fasal. Even though three C.P.M. workers were taken into custody by the then investigating officer, after the snuffer dog had run into the house of a C.P.M. worker, those three persons were released from custody at the intervention of the leaders of the C.P.M. as revealed by Exts.P1 and P2 news items in two popular dailies by name Madhyamam and Chandrika. In Ext.P3 news item in Madhyamam Daily dated 1-12-2006 it was reported that the members of the United Democratic Front had protested against the political interference by the ruling party C.P.M. in the fa