Kerala Online
November 24, 2008
http://keralaonline.com/news/hc-raps-cbi-expresses-dissatisfaction_10404.html
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Kochi, Monday, November 24, 2008: The Kerala High Court today observed that the CBI did not comply with legal formalities while filing remand report of the two priests and a nun arrested in the 16-year-old Sister Abhaya murder case saying "the rights of the accused should be protected". "On going through the order of the Chief Judicial Magistrate it appears that the CBI did not produce the extract of case diaries along with remand report," Justice R Basant said when a petition by Father Jose Puthrukayil, one of the accused in the case, seeking to quash the order of 14-day CBI custody came up before him. The court said the rights of the accused should be protected and observed that the effective investigation in the case was prompted by judiciary. "CBI has no license to conduct investigation as they please," the court held. Justice Basant said the investigating agency should have "applied its mind" before submitting its remand report.
The Court directed that the CBI should produce evidences in a sealed envelope to Magistrate Court on 26th. The Court added that, the CBI should move a detail affidavit in Court later. Meanwhile, in the affidavit moved by CBI, it claimed that the accused have been arrested based on strong evidences. The circumstantial evidences and statements given by the witness prove the involvement of those accused in the case and justified the need for CBI custody of the accused. The court directed CBI to give their explanation regarding the queries raised by the court on non-compliance of legal provisions in submitting the remand report.
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