Saturday, September 21, 2019

The anatomy of the 'Sister Abhaya case'.

Introduction

1. Will Sister Abhaya get justice after all? The trial has been going on at the CBI special court in
    Thiruvananthapuram over the last three weeks. A few of the key witnesses have turned hostile
    during the course of the proceedings and I suppose there must be extreme pressures on them to
    depose in the manner they've resorted to, probably, unaware as to what the law can do to them in
    such circumstances!

What's The Case All About?

2. Sister Abhaya (Born Beena Thomas and aged between 18 and 19 yrs), a Catholic sister, was
    found dead in a water well at the St Pius X Convent in Kottayam on 27 Mar 1992. Abhaya was a
    member of St Joseph's Congregation for religious sisters under the Syro-Malabar Archeparchy of
    Kottayam.

3. 67 nuns, belonging to Abhaya's congregation petitioned the Chief Minster of Kerala to investigate
    the case as homicide. On 07 Apr 1992, the DGP directed the Crime Branch of the Kerala Police
    to take over the investigation from the local police.

The Tortuous Path That The Case has Been Taking!

4. First the trail went cold, followed by twists and turns.

    * 27 Mar '92      Sister Abhaya found dead.
    * 31 Mar '92      Sister Abhaya Case Action Council was formed.
    * 14 Apr '92      Crime Branch takes over the probe.
    * 30 Jan '93       Crime Branch files report before SDM court saying that Abhaya's death is a
                              suicide.
    * 29 Mar '93      On a writ petition, the High Court of Kerala transfers the case to the CBI.
    * 16 Jun '93       Crime Branch files report before SDM requesting to destroy material evidences
                              collected. The request is promptly granted.
    * 01 Jan '94       CBI DSP Varghese P Thomas quits alleging pressure on him to divert probe.
    * 20 Mar '97      Ernakulam CJM court rejects CBI's report that Sister Abhaya committed suicide.
                              The first team of CBI failed to establish the reason of death. The court directed
                              a second team, which concluded that it was indeed a murder but there were not
                              enough evidence leading to the murderer(s). It was the third team that finally
                              found two priests and a sister, responsible for the murder.
    * 12 Apr '07      A newspaper publishes tampered chemical examination of Sister Abhaya and the
                              case gets a new lease of life.
    * 19 Nov '08     CBI arrests Fr Thomas Kottoor, Fr Jose Poothrikkayil and Sister Sephy.
    * 01 Jan '09       HC Justice K Hema grants bail to the accused.
    * 17 Jul '09        Charges of murder and destruction of evidence were filed against the three.
    * 06 Mar '18      Father Jose Poothrikkayil discharged by the CBI Special Court.
    * 09 Apr '19      The discharge pleas of Fr Kottoor and Sr Sephy dismissed by the HC but upheld
                              the Special Court's decision to discharge Fr Poothrkkayil.
    * 15 Jul '19        The SC, too, dismisses the discharge petitions of the two accused.
    * 05 Aug '19      Charge sheet read out to the two accused.
    * 26 Aug '19      Trial begins at the CBI Special Court in Thiruvananthapuram.

My take

5. Wish that the case undergoes closure soon with the guilty brought to book! That's the least that      one can wish Sister Abhaya who has been awaiting justice for too long!! Was she privy to                something that she wasn't supposed to be aware of, which had brought about her untimely end?


Tailpiece.

A bright and sunny day. The PROX-D(VAN) is finally delivered to me, around 1700 hrs, by the Blue Dart man and mind you, it was dispatched from Kochi on the 18th! And it was supposed to be an 'express courier'!! What a dilution in efficiency!? 

                              

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