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Sister Abhaya case probe must go on: Kerala HC

January 05, 2009 20:55 IST

The Kerala High Court on Tuesday observed that investigation into the sister Abhaya murder case should continue as the Central Bureau of Investigation said that it stopped the probe following critical observations made by a judge recently.

Justice R Basant's observation came in response to the statement made by CBI counsel that the investigations had been stopped for two days due to the uncertainty caused after the order of judge K Hema, who severely criticised CBI on the course of the investigation.

If there is any conflicting opinion, it has to be clarified, the court held. The system wants truth to come out, Justice Basant said.

Justice Hema had criticised the CBI probe while considering a petition by M Thomas, father of Abhaya, a few days ago.

The CBI also informed the court that it would be filing a petition seeking clarification whether the agency has to continue with the investigation or wait for further orders.

Thomas approached the court seeking to restrain the church from 'interfering' with the investigations. The petition will be considered on Wednesday.

Meanwhile, Abhaya's father also filed a petition before the Chief Judicial Magistrate, Ernakulam, seeking a direction to issue a warrant to search the premises of Forensic Science Laboratory, Bangalore and house of Dr S Malini, Assistant Director of the lab and retrieve the unedited video recording of Narco test conducted on the three accused -- Father Thomas Kottur, Father Jose Puthrikayil and Sister Sephi.

Meanwhile, the Legal Correspondents Guild, reacting to observations of judge K Hema, said legal reporters had not published anything which has not been revealed in documents presented before the court and arguments and discussions made before the open court.

"We have never been in the habit of publishing anything from our own imagination. But for media intervention from time to time, this case would have been long buried," Guild President Scaria Meledam and Secretary V V Nandagopal, said in a joint statement.

The Guild said its duty was to report the proceedings of the court correctly and truthfully. "It is not our job to pronounce verdict, which is in the realm of the court," they said.

The Kerala Union of Working Journalists (KUWJ) had also criticised the observations made by the judge.

Justice Hema, while granting bail to the three accused in the Sister Abhaya case, had criticised the media and the public with 'pronouncing' the verdict in the case without looking into the facts.
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