FR. THOMAS KOTTOOR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) It is disheartening to note that criminal proceedings pertaining to a crime of 1992 is yet to attain finality, whether it be by reason of providence or design. As of now, the trial of that case; S.C.No.1114 of 2011, on the files of the Additional Sessions Judge/Special Judge (SPE/CBI), Thiruvananthapuram has commenced. The petitioners in the Crl.M.Cs, who are the accused, pray for a direction to defer the examination of witnesses scheduled from 14.09.2020 to 09.10.2020 until further orders.

(2.) The brief facts, leading to the filing of the Crl.M.Cs, are as under:- The examination of witnesses in the case had commenced from 26.08.2019 and by 17.02.2020, examination of most of the witnesses, except the investigating officers and other official witnesses was completed. Meanwhile, the trial court permitted the prosecution to let in evidence regarding Narco Analysis, Brain Mapping and Polygraph test conducted on the accused. The accused challenged the order before this Court in Crl.M.C Nos.8616 and 8617 of 2019 and the trial court was interdicted from letting in such evidence. Thereupon, the prosecution filed a petition under Section 309 before the trial court requesting to defer examination of the remaining witnesses, stating that the CBI intended to challenge the order in Crl.M.C Nos.8616 and 8617 of 2019 before the Apex Court. The request for deferring the trial was turned down by the Special Judge and a fresh list of 15 witnesses was submitted by the prosecution on 17.02.2020. Examination of those witnesses (CWs 115 to 133) was scheduled from 02.03.2020 to 05.03.2020. In the meanwhile, the CBI moved this Court against rejection of the request for deferring the trial and as per order dated 26.02.2020 in Crl.M.C No.1524 of 2020, further proceedings in the case was directed to be deferred for three months.

(3.) While the case was thus being adjourned, the Prosecutor moved an application on 26.08.2020, seeking to schedule the trial of the remaining witnesses and the learned Special Judge, overruling the objections raised by the accused, scheduled the examination of CWs 115 to 132 from 14.09.2020 to 09.10.2020. Aggrieved, the Crl.M.Cs are filed.