Upholding an order of the Thiruvananthapuram CBI special court that held that there was prima facie material to proceed against Father Thomas M. Kottoor and Sister Sephy, the first and third accused in the Sister Abhaya death case, the Kerala High Court on Tuesday directed them to face trial in the case.
Justice Sunil Thomas delivered the verdict while dismissing the revision petitions challenging the special court’s order declining their pleas to discharge them from the case. The body of Sister Abhaya, a resident of the Pius X Convent in Kottayam, was found in the well of the convent compound on March 27, 1992. The CBI took over the probe on March 29, 1993.
The CBI in 2008 arrested Father Kottoor, Father Poothrikkayil and Sister Sephy. According to the CBI chargesheet, on the night of March 27, 1992 Abhaya allegedly saw Father Kottoor and Sister Sephy in a compromising position, following which the three accused hacked her with an axe and threw her body into the well.
Dismissing the revision petitions, the High Court observed that the conclusion arrived at by the special court appeared sustainable.
The High Court also upheld the special court order discharging Father Jose Poothrikkayil, second accused in the case.
K.T. Michael discharged
The High Court also set aside the special court’s order arraigning K.T. Michael, former Superintendent of Crime Branch who initially investigated the case, as fourth accused in the case.
The court passed the order on a petition filed by Mr.Michael challenging the special court order issuing summons asking him to face the trial.