Probe Abhaya case again: Kerala High Court
If Abhaya’s death was due to violence, the veil should have contained bloodstain.
Kochi: Kerala High Court on Thursday ordered the CBI to conduct further investigations to find whether there had been wilful destruction of the material objects in the sister Abhaya death case with an intention to save the accused. The court asked the CBI to file the report in three months.
Justice K. Harilal issued the order while allowing a revision petition filed by T. Michael, former Superintendent of Police CB (CID), Kottayam, challenging the Thiruvananthapuram CBI Special Court order dismissing his petition seeking a further investigation into the destruction of evidence.
The court also asked the CBI Special Court to postpone the trial till the filing of the report. The court made it clear that further investigation shall not disturb the final report.
The petitioner, who was the superintendent of police when the incident occurred, submitted that evidence, including personal clothing, recovered from the body of the deceased, one plastic bottle, a pair of lady’s slippers and a white veil were produced before the Sub-Divisional Magistrate’s court, Kottayam.
Though the CBI took over the case, investigating officer Varghese P. Thomas failed to collect the material objects into custody.
He alleged that the material objects were destroyed hastily without handing them over to the CBI. He alleged that the public servants at the Kottayam SDM were behind the conspiracy to ruin the evidence.
If Abhaya’s death was due to violence, the veil should have contained bloodstain.
This evidence was destroyed as part of a conspiracy hatched by Varghese P. Thomas, Muraleedharan, clerk, and Aleyamma, staff of the SDM.
Varghese P. Thomas argued that he could not collect the evidence because he was engaged in the day-to-day trial of a murder case.
Several twists and turns in Abhaya murder case
Thiruvananthapuram: Sister Abhaya, 19, was found dead in the well at the St Pius X convent hostel in Kottayam on March 27, 1992. Since then the state has witnessed several crucial twists in the investigation.
The local police which initially probed the case concluded that it was a case of suicide. The Crime Branch and the CBI which probed the case also could not come to any conclusion, even though it was almost confirmed that Abhaya did not commit suicide, but was murdered or that it was a case of homicide.
The crucial developments in the case happened from 2007 after the CBI revived the probe following reports that the chemical examination reports on Abhaya's vaginal swab and vaginal smear were manipulated.
This probe led to the arrest of Knanaya priests Thomas Kottur, Jose Puthurukkayil and sister Sephy on November 19, 2008.
The CBI filed the chargesheet in 2008, which is now pending trial at the CBI court in Thiruvananthapuram.
The case also witnessed various related developments, including the suicide of a former additional sub-inspector V.V. Augustine, who conducted the inquest on the body of Abhaya in November 2008 leaving behind a suicide note which alleged torture by the CBI.