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NATION | Saturday, August 29, 2009 | Email | Print |


Abhaya murder case: SC judge recuses from hearing

PTI | New Delhi

A Supreme Court Bench on Saturday recused itself from hearing the sister Abhaya murder case in which CBI has sought cancellation of bail granted to the three accused.

A Bench of Justice DK Jain and HL Dattu referred the matter to Chief Justice KG Balakrishnan for allocating it before another Bench as Justice Dattu said he was recusing himself from hearing the matter. However, reasons were not known as to why Justice Dattu recused himself from hearing the matter. CBI has filed an appeal against the grant of bail by the Kerala High Court to the accused, Father Thomas Kottoor, Father Jose Puthrikayil and Sister Sephy in the Abhaya murder case of 1992. Sister Abhaya's body was found in a well of St Pius convent, of which she was an inmate.

The CBI also informed the Kerala High Court on August 10 that a former Karnataka HC chief justice and now a Supreme Court judge had viewed the three CDs containing the narco tests conducted on the accused in the case.

The apex court on August 13 had stayed the narco-analysis test of three key witnesses — sister Sherly, Thresiamma and Achamma who had challenged the HC order which had refused their plea against the trial court order of narco test.

The three witnesses, who were inmates along with sister Abhaya at St Pius convent, Kotayyam contended that the trial court had directed their narco test without securing their consent.


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