FR JOSE POOTHRIKKAYIL Vs. UNION OF INDIA

JUDGEMENT

(1.) The crusade for justice to deceased Sr. Abhaya still remains only a cry in the wilderness. No organized prayers, fasting or agitation have been devoted to the cause of identifying her detractors. But it is a tribute to the civil society of Kerala that even after 16 long years, despite all the odds, the fight for justice top her is not given up yet. Whether written in Deva Nagari script at the appropriate spot or not, the Indian Constitutional Republic believes and has faith in the eternal principle or axiom (or is it only a fiction to motivate the righteous) that truth shall ultimately triumph - Satyameva Jayathe. Invoking that sublime axiom, let be address myself to the issues.

(2.) A synoptic resume of the events may be relevant. The dead body of Sr. Abhaya, a young lass in her ate teens, a nun was found in a well in the compound of the Convent where she was an inmate. This was on 27.3.1992. Hurriedly initial investigation appears to have been done by the local police. Investigation was handed over to the CBCID. Later it was handed over to the C.B.I. All three initially came to the conclusion that it was a case of suicide. The Chief Judicial Magistrates before whom such reports were filed, with fortitude refused to accept such reports. Further investigation was directed. The C.B.I. continued the investigation. They appear to have come to the conclusion that it was undoubtedly a case of homicide. Report to that effect was filed. It was received by the Magistrate. Still, surprisingly, the caption of the crime registered continued to be one of unnatural death . The section of offence was not altered to Section 302 I.P.C. Investigation by the C.B.I continued. Repeatedly reports were filed that though a case of homicide, the offenders in this case were not traceable. The Magistrates refused to relent. The matter camp us before this Court.

(3.) To cut a long story short, ultimately as per directions of this Court on 1.1.2008 the Kochi Unit of C.B.I. started investigation. The present Investigators, one who the C.B.I. claimed has impeccable history as a professionally competent investigator took over the investigation on 1.11.2008. Immediate results appear to have been stuck. On 19.11.2008 the three accused persons (accused 1 to 3), the petitioners herein, were produced before the learned CM.J. Accused 1 and 2 were arrested on 18.11.2008 and accused 3 was arrested on 19.11.2008. They were produced before the learned C.J.M. Along with four important documents. They are: