ID :
32211
Tue, 11/25/2008 - 16:20
Auther :
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http://m.oananews.org//node/32211
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HC criticises CBI in Abhaya case, custody order challenged
Kochi (Kerala), Nov 24 (PTI) Kerala High Court Monday
pulled up the Central Bureau of Investigation (CBI) for not
complying with legal formalities while filing remand report of
the two priests and a nun arrested in the 16-year-old Sister
Abhaya murder case saying "the rights of the accused should be
protected".
"On going through the order of the Chief Judicial
Magistrate it appears that the CBI did not produce the extract
of case diaries along with remand report," Justice R Basant
said when a petition by Father Jose Puthrukayil, one of the
accused in the case, seeking to quash the order of 14-day CBI
custody came up before him.
Puthrukayil was arrested along with Father Thomas
Kottur and Sister Sephi on Wednesday in connection with the
death of sister Abhaya, a nun of the St Pius convent on March
27, 1992, under mysterious circumstances. These were the first
arrests in the case.
The court said the rights of the accused should be
protected and observed that the effective investigation in the
case was prompted by judiciary.
"CBI has no license to conduct investigation as they
please," the court held.
Justice Basant said the investigating agency should
have "applied its mind" before submitting its remand report.
In its objection, the CBI stated that the scientific
investigations so far reveal that all the three accused are
involved in Abhaya's murder.
Oral evidence corroborates circumstantial evidence.
There is sufficient evidence scientifically and orally to
connect the accused to the crime, the agency said and
justified the need for CBI custody of the accused.
The court directed CBI to give their explanation
regarding the queries raised by the court on non-compliance of
legal provisions in submitting the remand report.
The other two accused also filed petitions seeking to
quash the magistrate's order granting CBI custody for 14 days.
The case has been posted to Nov 26.
Initially the local police and the state Crime Branch
which investigated the case concluded that the nun had
committed suicide, but the case was handed over to the CBI by
the High Court on a petition by Abhaya's father.
The CBI, which took over the case on March 29, 2003,
had earlier filed three closure reports, saying though it was
a case of murder, the suspects could not be found.
The High Court refused to accept the report and asked
the probe agency to further investigate. PTI COR
DEP
NNNN
pulled up the Central Bureau of Investigation (CBI) for not
complying with legal formalities while filing remand report of
the two priests and a nun arrested in the 16-year-old Sister
Abhaya murder case saying "the rights of the accused should be
protected".
"On going through the order of the Chief Judicial
Magistrate it appears that the CBI did not produce the extract
of case diaries along with remand report," Justice R Basant
said when a petition by Father Jose Puthrukayil, one of the
accused in the case, seeking to quash the order of 14-day CBI
custody came up before him.
Puthrukayil was arrested along with Father Thomas
Kottur and Sister Sephi on Wednesday in connection with the
death of sister Abhaya, a nun of the St Pius convent on March
27, 1992, under mysterious circumstances. These were the first
arrests in the case.
The court said the rights of the accused should be
protected and observed that the effective investigation in the
case was prompted by judiciary.
"CBI has no license to conduct investigation as they
please," the court held.
Justice Basant said the investigating agency should
have "applied its mind" before submitting its remand report.
In its objection, the CBI stated that the scientific
investigations so far reveal that all the three accused are
involved in Abhaya's murder.
Oral evidence corroborates circumstantial evidence.
There is sufficient evidence scientifically and orally to
connect the accused to the crime, the agency said and
justified the need for CBI custody of the accused.
The court directed CBI to give their explanation
regarding the queries raised by the court on non-compliance of
legal provisions in submitting the remand report.
The other two accused also filed petitions seeking to
quash the magistrate's order granting CBI custody for 14 days.
The case has been posted to Nov 26.
Initially the local police and the state Crime Branch
which investigated the case concluded that the nun had
committed suicide, but the case was handed over to the CBI by
the High Court on a petition by Abhaya's father.
The CBI, which took over the case on March 29, 2003,
had earlier filed three closure reports, saying though it was
a case of murder, the suspects could not be found.
The High Court refused to accept the report and asked
the probe agency to further investigate. PTI COR
DEP
NNNN
