The Kerala High Court on Thursday directed the CBI to probe the 2003 massacre at Marad, a fishing hamlet in Kozhikode district, in which nine fishermen were killed. The Central Agency has been entrusted with the task of investigating the larger conspiracy behind the massacre that took place at Marad on the night of May 2, 2003.

The court’s directive came after a petition was filed by social activist Kolakkadan Moosa Haji who had sought orders for an investigation by a Central agency into the conspiracy behind and extremist links of the massacre.

The path for the CBI probe was cleared after the agency, which had consistently refused to look into the case in the past, told the HC in August that it was willing to take up the case.

The HC has asked the State Government to hand over to the CBI all documents relating to the incident and to  assist in the investigation. According to legal experts and observers, the investigation would be a big challenge for the Central agency since it is going to probe the incident 13 years after it took place.

While taking up Moosa Haji’s petition on Thursday, a HC Division Bench headed by the Chief Justice opined that the Marad massacre could not be considered as just an ordinary case. The Kerala Government had already made it clear that it had no objection to handing over the case to the Central agency.

Marxist CM Pinarayi Vijayan, the Kerala BJP which had been demanding an investigation by a Central agency since the massacre took place, and Congress ally Indian Union Muslim league, certain leaders of which had faced the charge of having prior knowledge about the conspiracy, welcomed the CBI probe.

In a nightly attack on May 2, 2003, nine fishermen were hacked to death at Marad fishing village. The incident, known generally as Marad II riot, was described by many as an act of ‘retaliation’ over the riots that took place on January 3-4, 2002 in which five persons were killed, which came to be known as Marad I riot.

The Justice Thomas P Joseph Judicial Commission which looked into the massacre had in its report to the Government indicated that there had been a larger conspiracy behind the incident and had recommended that this aspect should be probed by a Central agency. Moosa Haji had filed his petition in 2012 on the basis of the commission’s finding and recommendation.

However, the CBI had disagreed with the petition saying that an investigation had already been held by an Inspector General of the Kerala Police. The CBI’s change of mind came after CM Pradeep Kumar, former Superintendent of Police, who had taken up the probe into massacre in June, 2010 on the basis of the commission’s report, impleaded in the case.

The CBI had in August told the High Court through an affidavit filed in response to Haji’s petition that it could take up the investigation if the court directed so as the Justice Thomas P Joseph Commission had suspected larger conspiracy involving the issue of national security behind the incident.

Though the 2006-11 lDF government had recommended a CBI probe into the incident, the then UPA regime at the Centre refused to clear it saying that the Home Department had not granted permission. However, there were allegations that a CBI probe was not instituted at that time because of the pressure exerted by the Muslim league.

Welcoming the CBI probe, Chief Minister Pinarayi Vijayan said, “(Our) position that a probe by an agency within the State would not suffice in this case had been made clear earlier itself.” State BJP general secretary K Surendran welcomed the court order saying, “It is a matter of great relief that the victims are going to get justice though after such a delay.”