|Nuns Will Not Be Questioned outside
December 19, 2008
Kochi, Friday19 Dec 2008: The CBI gave an undertaking in the Kerala High Court today that it would question the nuns of the St Joseph’s Generalate, Kottayam, in their residential premises only, following which the Court disposed of a petition filed by 18 nuns alleging that they were being harassed by the CBI during the probe into the Sister Abhaya murder case.
A Division Bench of Justices K Balakrishnan Nair and H C Harirani also recorded the statement made by the CBI that it will strictly comply with section 160 (1) CrPC, which states that ladies and children below 15 years should be questioned as witnesses only in their residences.
The Court also noted the statement made by the CBI that it will not take the petitioners outside for questioning.
The Court further said the petitioners felt, during the questioning, that the mandate of 160 (1) was not being complied with; they can approach the competent court for alternate remedy.
Sr Sephi, the third accused in the case, belongs to the St Joseph’s congregation and the St Pius Xth convent where Sr Abhaya was found dead 16 years ago, is run by it.
Another petition filed by Sr Abhaya’s father, Thomas M Ayikkarakunnel, alleging that the Church was interfering with the CBI investigation, Justice B Basant directed the CBI counsel to take instructions and posted the matter to January one 2009.
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