RE:Sr Abhaya .
by vikasbhushan on Jun 04, 2007 09:49 AM Permalink
The Action Council filed another Writ petition in the Kerala High Court asking the court to remove Mr. V. Thyagarajan from Cochin Unit of the CBI as well as from the investigation of Abhaya's death. Further on 3.6.1994 all the MPs from Kerala State jointly submitted a passionate petition to K. Vijaya Rama Rao, the Director of the CBI requesting him to disallow Mr. Thyagarajan to continue in the Abhaya's murder case. As a result Mr. M.L. Sharma, the Joint Director of the CBI, was given charge of the investigation into Abhaya's death.
The role of Mr. V. Thyagarajan in the distortion of Abhaya's case was apparent in the High Court when Mr. Varghese P. Thomas produced an original copy of a report sent by Mr. V. Thyagarajan to the Joint Director of the CBI suggesting that further investigation into the death of Sr. Abhaya should be dropped, despite the death being recorded in the CBI Diary as MURDER by Varghese P.Thomas after due consideration of the material facts of the case. As a result, Mr. Thyagarajan was transferred to Chennai Unit of CBI.
On the 7.4.1995, using a full-sized dummy of Sr. Abhaya, the CBI made some experimental tests in the well where her corpse was found. By that time, on 17.4.1995 Dr. S.K. Patak, the chief of the Forensic Department of Saiman Singh Medical college, Jaipur and Dr. Mahesh Varma, former chairperson of Anatomy Section submitted their formal expert report to the CBI investigation team to the effect that Sr. Abhaya's death was clearly MURD
RE:RE:Sr Abhaya .
by vikasbhushan on Jun 04, 2007 09:50 AM Permalink
the death of Abhaya. However, on 6.12.1996 the CBI filed a petition in the Chief Judicial Magistrate's court, Ernakulam, Cochin seeking permission of the court to wind up its investigation in the matter. In response to that, the father of Sr.Abhaya, Mr. Thomas, filed a counter petition in the court on 18.1.1997 to dismiss the final report of the CBI and its recommendation for closure of investigation.
The Chief Judicial Magistrate (CJM) directed the CBI in its order dated 20.3.1997 to re-investigate the case. The court in its order strongly criticized the CBI for its loyalty and complicity to certain vested interests to defeat the ends of justice and the court observed that the CBI had not made party some very significant persons who otherwise emerged in the facts of the case quite evidently. The court also asserted its belief that the case could have easily been established had there been an honest and proper investigation. Further the court took very serious exception to the role of the Crime Branch officers, mentioning Mr. K.T. Michael by name for the distorted course of investigation from the beginning.
The Action Council, again on 30.5.1997 filed 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 in its order directed the CBI to report back to the court the progress it had made in the investigation in ten days from the date of the order.
