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The division bench headed by Chief Justice Hrishikesh Roy allowed an appeal filed by the Kerala government against the single judge bench order.
In its appeal, the government had contended that the single bench passed the order on March 7, 2018 without taking note of the speedy forensic and fair investigation carried out by the state police and without giving them an opportunity to file a counter.
Youth Congress worker Shuhaib, 29, was hacked to death allegedly by CPI(M) workers at a tea stall on February 12, 2018.