Abhaya case: Plea seeks affidavit over claim on judge`s visit to FSL

A petition was filed in the Kerala HC in Sister Abhaya murder case seeking a direction to former official of Forensic Science Laboratory to file an affidavit on her claim about the visit of Justice Cyriac Joseph to FSL last yr.

Updated: Aug 24, 2009, 23:36 PM IST

Kochi: A petition was filed in the Kerala
High Court today in the Sister Abhaya murder case, seeking a
direction to a former official of Forensic Science Laboratory,
Bangalore, to file an affidavit on her claim about the visit
of Justice Cyriac Joseph of Supreme Court to FSL last year.

The petition filed by M Thomas, father of Abhaya, who
was found murdered at St Pius X Convent at Kottayam in 1992,
also sought a direction to former FSL Assistant Director Dr S
Malini to file an affidavit on whether video tapes handed over
by her to the CBI investigating officer on February 5 this
year was original and unedited.

In the petition Justice Joseph was referred to as one
who visited the FSL on May 23 and May 24 last year.
Thomas contended that the revelations made by Malini
required "strict scrutiny."

The petitioner also produced in the High Court Malini`s
statement to CBI on June 30, in which she stated that the
judge had visited FSL when he was Karnataka High Court Chief

The copy of the statement was filed in reply affidavit
in the contempt of court case filed by Thomas against CBI`s
Investigating Officer Nandakumaran Nair and Malini, on the
ground that they had not produced original CDs of narco test.
The CBI had told the court on August 10 that a former
Karnataka High Court Chief Justice and presently a Supreme
Court judge had viewed the three CDs containing the narco
tests conducted on the accused in the case.

The oral submission, without revealing the name of the
judge, was made by CBI Special Prosecutor S Sreekumar then, on
the basis of a statement made by Malini, to the agency.

Meanwhile, the three accused in the case -- Fr Thomas
Kottoor, Fr Jose Puthrikayil and Sister Sephy told the chief
judicial magistrate court here that they cannot accept the
chargesheet served on them by CBI as many documents were not
included. Copies of narco test tapes conducted on them were
not given, they said.

Chief Judicial Magistrate K A Baby then directed the
CBI to file a reply by September 14.

Bureau Report