Kerala - Kochi   

CBI directed to continue probe

KOCHI: The Central Bureau of Investigation (CBI) informed the Kerala High Court on Monday that it had suspended the investigation in the Sister Abhaya murder case in view of certain observations made by a single judge while granting bail to two priests and a nun in the case.

The CBI made the submission when a petition filed by Sr. Abhaya father, Thomas, seeking to restrain church authorities from making comments on the investigation came up before Justice R. Basant for hearing.

The CBI submitted that the investigation had practically come to a standstill for two days after the verdict in the bail pettion. The investigation was at a crucial stage when the verdict came. Justice R. Basant said the CBI could not suspend the investigation as it was statutorily bound to continue it.

The CBI told the court that Justice K. Hema had ordered that the investigation be conducted only “under the strict and immediate guidance and supervision of a more competent and experienced senior officer or a team of officers of CBI” in the light of certain lapses in the investigation. The single judge had directed the CBI to furnish before the court details of the supervising officers without any delay.

It was pointed out before the court that there were two conflicting observations by two single judges on the authenticity of the compact disc of a narco-analysis test conducted on the accused. It was submitted that there was confusion as to which High Court judge was monitoring the case in view of the verdict in the bail petition.

CBI counsel said the CBI would like to file a petition seeking clarification on certain points including the supervision of the case.

The court adjourned to January 6 the hearing on the petition filed by Mr. Thomas. In his petition, he said the comments made by some church authorities and the Kottayam-based Jagratha Samithy were affecting the investigation. Their statements amounted to interference with the course of justice.

Meanwhile, Mr. Thomas filed a petition before the Ernakulam Chief Judicial Magistrate Court seeking to issue a warrant to the CBI for conducting a search on the premises of the Forensic Science Laboratory (FSL), Bangalore, and the house of S. Malini, Assistant Director of FSL, for retrieving the original unedited video recording of the narco-analysis test.

He pointed out that in the bail order, a single judge had observed that the three CDs received directly from the FSL were manipulated and edited at the laboratory itself. The single judge had observed that the editing was clearly visible and directed the CBI to take steps to retrieve the original recordings. The Magistrate posted the petition to January 6 for a response of the CBI.

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