Police probe in nun rape case on right track, says Kerala high court

KOCHI: The Kerala high court on Thursday said the ongoing police investigation in the alleged rape of a nun by Jalandhar bishop Franco Mulakkal is satisfactory and that the court didn’t see any reason for a CBI probe. The division bench comprising chief justice Hrishikesh Roy and justice AK Jayasankaran Nambiar also said it is the investigating officer’s discretion whether to arrest the bishop or not.


The division bench considered a total of three petitions, two demanding arrest of the bishop and one for a CBI probe in the case. Director general of prosecution (DGP) C Sreedharan Nair submitted a report regarding the progress of the investigation in a sealed cover and said such a report was being filed as it is a matter involving section 376 (rape) of Indian Penal Code.

The DGP revealed that investigation in the case has spread across five states (Kerala, Karnataka, Madhya Pradesh, Delhi, and Punjab) and seven districts in Kerala (Kottayam, Ernakulam, Thrissur, Alappuzha, Idukki, Palakkad, and Kannur). A total of 81 witnesses have been examined by police and four material objects and 34 documents have been seized, the court was informed.

The prosecution also submitted that the investigation team is trying to iron out all contradictions in the statements of witnesses and that notice has been issued to the bishop to appear before the investigating officer on September 19th (next Wednesday). A decision regarding the bishop’s arrest, however, can be taken only after verification of contradictions in the evidence collected so far, the prosecution told the court.

After studying the petitions and the report, the court issued an interim order that said, “In the above circumstances, we are of the prima facie view that the investigation is being conducted in a fair and professional manner, and at this stage it would be inappropriate for this court to issue any specific direction on the conduct of the investigation.”

Advocate Sandhya Raju, who represented one of the petitioners seeking the bishop’s arrest, argued that while the accused is arrested immediately in rape cases normally, the accused in the present case has not been arrested so far. Advocate C Rajendran, who represented a petitioner seeking a CBI probe, also raised this contention. The court responded that such a rule may not apply in this case as the dates of alleged occurrence (May 2014-September 2016) and the date of registration of FIR (June 28th this year) are not proximate. Collecting evidence in such a case is a much more painstaking process and it is the discretion of the investigating officer when to take the accused into custody, the court said, adding that the public prosecutor and the investigating officer are, after all, acting on behalf of the State.

Stressing the need for a CBI probe, advocate Rajendran argued that evidence may be lost if there is delay in arresting the bishop and if the probe is not conducted by a better agency. But the court pointed out that the focus should be on conviction rather than arrest. “Show a bit of patience that is shown by the victim,” the CJ said. The court said it was tempted to dismiss the petition but then allowed it to be tagged along with the other petitions for further hearing.

Advocate Sandhya Raju had argued that nuns who have given statements to the investigation team are facing attempts to influence them through their relatives and also threats to life. The prosecution submitted that round-the-clock security is being provided to the witnesses. The court said police should ensure that no attempt to influence the victims or threats to their lives should occur.

Petitions (WP-C Nos. 29778 and 29781 of 2018) seeking arrest of the bishop were filed by Ramapuram-based Kerala Catholic Church Reformation Movement through advocate Sandhya Raju and George Vattukulam, president of Malayala Vedi, through advocate Joseph Rony Jose. The petition (WP-C No. 30114/2018) for CBI probe was filed by V Rajendran of Alappuzha through advocate C Rajendran. All the cases have been posted for further hearing on September 24th.