Mangalore: Advocate Naushad Kashimji Murder - HC Stays CBI Probe

Daijiworld Media Network – Mangalore (SP)

Mangalore, Oct 18: A division bench of the state High Court, on Monday October 17, stayed operation of an order passed by a single judge bench of the High Court, entrusting the case relating to the murder of city-based advocate, Naushad Kashimji, to Central Bureau of Investigation (CBI). The earlier order was passed by the single judge bench headed by Justice Mohana Shantanagowdar, on July 15 this year.

Naushad Kashimji, who had appeared on behalf of Rashid Malbari, a close associate of Dawood Irbahim and many others, was murdered near his apartment in the city on April 9, 2009. Senior advocate, Purushottam Poojary, had filed a complaint in Pandeshwar police station here, alleging that the murder of his one time junior, Naushad Kashimji, was committed by four police officers, who were livid at the fact that Naushad had appeared in the court on behalf of some persons accused of terrorist activities, and had passed certain comments against the police department in the court.

The case was entrusted to Criminal Investigation Department, but there was not much headway. On the basis of a writ petition filed by the wife of the deceased, who alleged that the policemen had unilaterally filed charge sheet against some accused who were arrested by them, the bench had ordered handing over of the probe to CBI.

The prosecution had appealed against the said order. On behalf of the prosecution, it was stated that the investigation into the case had almost been completed, and that it is not justifiable to hand over the case to CBI at this juncture. Advocate general of the state, K M Nataraj, argued that the policemen of the state are capable of handling investigation of the case, and transferring the case out of their hands will shake their self-confidence.

After hearing the arguments, the division bench comprising in-charge Chief Justice, Juustice V J Sen, and Justice A S Bopanna, stayed operation of the earlier order of the single judge bench of the High Court.