War Of Words Between Hc Judges In Sr Abhaya Case

War Of Words Between HC Judges In Sr Abhaya Case 1/13/2009 Justice K Hema of the Kerala High Court orally observed that no judge in the High Court could clarify her observations in the order granting bail to the three accused in the Sister Abhaya murder case. She also observed that every Bench in the HC could invoke jurisdiction under Article 226 of the Constitution and this was applicable to the bail court also. If the CBI had any complaints about her order it could have appealed in the Supreme Court and only the apex court could clarify her order. Justice Hema said she delivered the judgement on the basis of records and case diary and she was not worried about media reports. She made the observations while considering another anticipatory bail petition, which was unconnected with the Sister Abhaya case. The CBI had also filed a statement telling that the present investigation team would continue to probe the case. In an another report filed by the CBI states that the accused and their counsels did not meet in the presence of CBI officers. Justice Hema had rapped the CBI while granting conditional bail to the three accused, Father Thomas Kottur, Father Jose Poothrukkayil and Sister Sephi, following which the investigating agency filed a petition seeking to clarify whether it had to continue with the investigation or not. While hearing the CBI petition, Justice R Basant had observed that the bail Bench cannot and did not take over the burden of monitoring the investigation. The question before the bail Bench was whether the bail should be granted to the three accused or not. UNI

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