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Supreme Court judge withdraws from Abhaya case

Supreme Court judge withdraws from Abhaya case

Author: Express News Service
Publication: The Indian Express
Date: August 28, 2009

A Supreme Court judge, who was part of the Bench hearing the CBI's plea in Sister Abhaya murder case, on Friday withdrew himself from the matter. The cm has sought cancellation of bail granted to the three accused in the case.

A Bench of I Justice D K Jain and H L Dattu referred the matter to Chief Justice K G Balakrishnan for allocating it before another Bench, as Justice Dattu said he was recusing himself from hearing the matter. Reasons were not known as to why he recused himself.

The CBI has filed an appeal against the grant of bail by the Kerala High Court to the accused, Father Thomas Kottoor, Father Jose Puthrikayil and Sister Sephy, in the case.

Earlier in the day, the Kozhikode Bar Association passed a resolution against Supreme Court judge Justice Cyriac Joseph and sought a probe by the Supreme Court into the conduct of the judge. The resolution said his viewing of the narco-analysis reports of the three accused had raised several doubts in the minds of the people. Besides, Justice Cyriac, while addressing an assembly of the Catholic Church recently, had said his loyalty towards the Church was not something that had to be concealed because of the high office held by him. The resolution said the conduct of the judge had put the judiciary under the shadow of suspicion.

Earlier this month, the CBI had informed the Kerala HC that Justice Cyriac, while he was Chief Justice of Karnataka HC, had viewed the video tapes of the narco-analysis conducted on the three accused.

The apex court on August 13 had stayed the narco-analysis test of three key Witnesses Sister Sherly, Thresiamma and Achamma - who had challenged the Kerala High Court order, which had refused their plea against the trial court order of narco test.

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