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  HC Reserves Order on Clarification Petition Filed by CBI

Indopia
January 6, 2009

http://www.indopia.in/India-usa-uk-news/latest-news/470186/EthicsAndLaw/7/20/7

The Kerala High Court today reserved orders on the clarification sought by CBI as to who should monitor the investigation of the Sister Abhaya case in view of single judge's comments that an experienced, efficient and higher official of the agency should supervise the probe.

Confusion cropped up when the single judge, Justice K Hema, while granting bail to the three accused in the case recently, ordered that the present investigation team would continue, but that the case should be supervised by an experienced, efficient higher official of the CBI.

According to the CBI, this caused confusion as the investigation is now being conducted by DIG and Joint Director (South). The CBI said in its petition that the observations and directions by Justice Hema caused'embarrassment' and'difficulty' to the Investigating Officers. Justice Basant said the CBI cannot stop the investigation, but deferred the matter to Thursday for passing orders.

The CBI informed the court that they would continue with the investigation. The court said since there is a difference of opinion between two orders regarding the report of the narco analysis test on the three accused, the possibility of referring the case to a division bench would also be considered.

While Justice Hema had held that the narco CDs had been tampered with at the Forensic science laboratory at Bangalore, Justice V Ramkumar,who had heard the case before,had observed that it was CBI which had tampered with the CDs.

 
 

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