Wednesday, November 19, 2008

Justice still is possible in God's own country!!!!


A deep sigh was my first reaction when I heard about the arrest of 3 key personnel last night (19/11/08), alleged to be involved in Sister Abhaya's murder . I had given up the hope already that laws of this country would give justice at least to Abhaya's parents.But yesterday's arrest was a big turning point particularly because those arrested included two priests and one nun of the mighty Catholic church.What an irony that all the officials who investigated the case and even the local people were fully convinced that it was a cold blooded murder and it was also evident who the culprits were, but could not arrest them on the ground that there was no evidence.I was a kid of 9 year old when Sister Abhaya homicide took place, but yet this event had captured my attention, probably because I am a native of Kottayam. Sister Abhaya was a second year pre-degree student at the BCM college for women when the tragedy took place. Right from that age I have been closely following the turns and twists of this case and I remember being very much distressed when one of the investigating teams attempted to close the case as a suicide on account of depression. All the circumstances in which the dead body was found proved by itself that it was not a suicide and one need to have only simple common sense to realize that. Yet there were big pressure on the investigation teams to dismiss the case as suicide. I was also privileged enough to witness a striking revelation by former CBI officer Mr.Varghese. P. Thomas at the MGOCSM (Mar Gregorious Orthodox Christian Student Movement) annual conference held at St.Mary's College, Sultan Battery in 2004.Mr. Varghese was a very efficient officer who had conluded that Abhaya's death was a clear case of murder and had reported that in the CBI diary. But he was compelled to conclude the case as suicide from several quarters, even from then Prime Minister Mr.P.V.Narasimha Rao.When he found that he can no longer withstand their pressure, he resigned from service in 1994 and gave a bold press conference stating his findings and reasons for resigning. This press conference had attracted national mainstream and reignited the public interest. I take this moment to appreciate the valiant officer who did not yield to temptations or threats.


It just occured to me now that the timing of this breakthrough is by itself a divine intervention.A case which was inactive for years had now suddenly found a headway. It comes at a time when Alphonsamma, a Roman Catholic nun from the same region is proclaimed as saint. I find this coincidence as a deliberate act of God and attribute it to the intercession of Alphonsamma. Sister Abhaya was destinied to be a beautiful flower in the garden of God, when it was plucked and crushed to death before it could blossom. I am sure that Alphonsamma's prayers are behind the latest developments and therefore truth will triumph.''SATYAMEVA JAYATE"


Sister Abhaya Murder case: Timeline - (Taken from Malayala Manorama online edition)

27 March 1992:Sister Abhaya, an inmate of the St. Pius Xth Convent in Kottayam and a second year pre-degree student in BCM college, is found dead in a well in the convent compound.


31 March 1992:An action council is formed by those who believe Sr. Abhaya was murdered


7 April 1992:Crime Branch is entrusted with the investigation of the case


30 January 1993:The Crime Branch submits its report before the Sub-Divisional Magistrate. It states that Abhaya had committed suicide. The Action Council meanwhile approaches the High Court of Kerala. Demands CBI inquiry.


29 March 1993:CBI starts investigating the unnatural death of Sister Abhaya under DySP Varghese P. Thomas.


30 December 1993 :Varghese P. Thomas resigns from the service of CBI and from the investigation of Abhaya's death though he has seven more years in service to retire.


19 January 1994:Varghese P. Thomas calls a special press conference in Cochin. Alleges that he resigned from CBI as his conscience did not permit him to comply with the directive given by his superior officer, V. Thyagarajan, Superintendent of CBI Cochin Unit. Thyagarajan according to Varghese had asked him to record the death of Abhaya as suicide in the CBI Diary. Abhaya murder case gets national media attention.


3 June 1994: Kerala MPs jointly submits a petition to the CBI director requesting him to disallow Thyagarajan from heading the Sr.Abhaya murder case. M.L. Sharma, the Joint Director of the CBI, is given charge of the investigation.


7 April 1995:Using a life-size dummy of Sister Abhaya, the CBI conducts tests in the well where her corpse was found.


17 April 1995: Forensic experts submit a special report to the CBI investigation team. It says the death was due to murder.


27 November 1995: Action Council stages a protest in front of the CBI office at Cochin against the callousness of the CBI and its lack of orientation as there was no progress in the investigation and no arrests were made.


18 March 1996:A big rally is organised under the former chief minister of the state, E.K. Nayanar, in front of the state secretariate, at Thiruvananthapuram.


1 July 1996 :The Action Council files a petition in the High Court challenging the inaction of the CBI.


20 August 1996:The High Court passes an order in the petition directing the CBI to complete its investigation in three months from the date of the order. In the meantime, the CBI declares an award of Rs. 300,000 to whoever gives dependable evidence in the case of Abhaya.


12 October 1996: All the MPs from Kerala together visit the Prime Minister and jointly pleads with him to expedite the CBI investigation into the death of Abhaya.


6 December 1996 :CBI files a petition in the Chief Judicial Magistrate's court, Ernakulam, seeking permission of the court to wind up investigation.


18 January 1997: Thomas, father of Sr.Abhaya, files a counter petition in the court to dismiss the final report of the CBI and its recommendation for closure of investigation.


20 March 1997:The Chief Judicial Magistrate (CJM) directs the CBI to re-investigate the case.


30 May 1997: The Action Council, files a Public Interest Litigation in the High Court of Kerala against the non-compliance of the CJM's directive for re-investigation. The High Court directs the CBI to report back to the court the progress it had made in the investigation.


28 September 1998:The High Court directs the CBI to file its final report of the re-investigation on or before 12 October 1998.


12 July 1999:The CBI files report in the CJM court, which stated that Abhaya was murdered and that the murderer(s) could not be arrested as all the evidences were destroyed.


23 June 2000:Eranakulam CJM Antony T. Morace issues directive to the CBI to appoint a new team to reinvestigate the case. Asks CBI to make use of all the modern investigation techniques including brain fingerprinting.


11 December 2007:CBI team captain SP R M Krishna files a report before the Ernakulam Chief Judicial Magistrate Court stating that the team was still trying to unravel the mystery behind the 'unnatural death of Sister Abhaya'.


19 November 2008:The CBI arrests Fr Thomas Kotoor, Fr Jose Putrike and Sr Sefi on the basis of statement by Sanju P. Thomas, a college student who stayed in the neighbourhood of St. Pious Convent.

3 comments:

Diana said...

(Advocate Shojan Jacob's email response to this post)

hi diana .....it was nice reading ur mail...as u said it was straught from ur heart..as u know i hav practised as a junior to the former Advocate General of Kerala..it was a nice experience....in fact i hav come across many such incidents wher the officers hav to succumb to such pressures...even the judiciary is helpless whn we hav executives who exist only to fulfill their own interests...the common man many a times does not know whts d actual reality.. even the news papers hav their own vested interests...they do not report the actual reality...well ur mail just reminded me of these things...well written..

Diana said...

Isaac Ayilyam Thirunal's response to this posting, sent to me via email

Happy but Sad !! This was my feeling at first when heard about the curtain coming down
on the Sr.Abhaya case.

Yes !! Priests & Nuns ?? After all ... we are all human being irrespective of their status in life.
A fraction of second is enough to change ones life !!!
My question now focusing on Mr.Sajin Thomas !!

Where was he during these 16 long years ??

S. Mathew said...

It is a very touching post Diana. Hope the mysteries behind Sr. Abhay'a death will be uncovered by this CBI investigation. But the stories circulated in the past 16 years bring in at least 5 different versions of the incident. First the investigators said it was a suicide. Then CBI said it is a murder but the murderers cannot be identified. Then there was a story that the local big shots were behind the murder. After that the priests and the nun were included in the suspect's list. Then there was a local robber claiming he was the murderer. This claim was given little attention. Some reports said the medical examination of Sr. Abhaya's body reveled that she was a rape victim. Then, several news papers reported that there was a correction in the lab exam report to indicate Abhaya was not raped. Some say there was not any significant wounds that lead to the current theory of "twice hit by an axe" on Abhaya's body.

The surfacing of Sanju P Mathew, death of VV Agustine, resurfacing of Atacka Raju, the local robber,...only adding more mysteries into the case. It is hard to believe most of the sensational news appearing in news papers. Yet to see what version of the story the CBI is going to include in their final charge sheet.

I believe that there are more related links, other than the currently accused priests, to be investigated before CBI could conclude that the accused are the real culprits. If they dont do a thorough investigation on all the links including the reason for the suicide death of VV Augustine, involvement of the politicians who allegedly intervened in this case and the financial support Jomon Puthenpurackal is receiving, there is not going to be a clear picture of the entire story.

Sam Mathew