The CBI filed a chargesheet against two catholic priests and a nun in the Sister Abhaya murder case of 1992. Father Thomas Kottoor, Father Jose Poothrikayil, Sister Sephy have been charged under section 302 (murder), section 201 (destruction of evidence) and 499 (defamation). In the chargesheet submitted before the Chief Judicial Magistrate, Ernakaulam, a trespass case has also been filed against Kottur and Puthrikayil, the first and second accused respectively.The two accused had trespassed into the convent with the intention to kill Abhaya, CBI stated.

The Sister Abhaya Case is a case regarding the death of a Roman Catholic nun, who was found dead in a water well in St Pius X convent in Kottayam, India, on 27 March 1992. She was 19 years old at the time of her death and was a member of St. Joseph’s Congregation for women under the Knanaya Catholic diocese of Kottayam, Kerala in India.

She was also a pre-degree student of BCM College, Kottayam and was staying in St Pius X Convent/Hostel at the time of her death. On the day of her death she got up from sleep early at around 4 am to study for her exam, had gone down to the kitchen of the hostel to get water from the fridge. Later her body was found in the well outside the kitchen in the convent/hostel compound.

Initial investigations in the case by the local police and crime branch led to the conclusion as a case of suicide. Protests by the action council and a petition by the nuns of the congregation led to reinvestigation by the CBI. Though CBI concluded that Abhaya was murdered,they requested closure of the case for want of evidence.The request for closure was rejected by the courts.

It was only after 16 years that they made the first arrests in the case. On 19 November 2008, two priests of the Kottayam Knanaya Catholic Diocese and a nun were arrested by the CBI. The case assumes importance in India’s judicial and law enforcement history on various counts. It has been investigated and reinvestigated by various police agencies of Kerala and various teams within Central Bureau of Investigation(CBI-India) for 16 long years.

Manipulations by police, forensic teams and medico legal experts were alleged. Interference in the investigation by senior police officers and by politicians, was also alleged. There was also allegation of trial by the media.

The Catholic Church in Kerala also was on the defence on allegations of murder and sexual misconduct by its priests and nuns. The Kerala Police, Kerala Crime Branch and CBI have been in the dock for inefficient, tardy and ineffective investigations and for allowing undue bureaucratic and political interference in the investigations.

The case is also a typical example of judicial activism, with the Court refusing to accept police closure reports and ordering reinvestigation of the case again and again. The case also stands out for social activism, for the role played by the Civic Action Council to doggedly pursue impartial investigation in the case.

Social activist Jomon Puthenpurackal pursued the case for 16 long years but he has been the target of various allegations on his motives.The parents of Sr. Abhaya has alleged profiteering by Jomon and has disassociated themselves from the action council. Allegations have been made that the investigations in the case were stalled and evidence destroyed as a result of powerful influences exerted by those involved as accused in the case. This is also a case where scientific investigation methods such as polygraph tests, brain mapping/brain fingerprinting and narco analysis were used to solve the case.

Time lines

• * March 1992 around 4:00 AM: Abhaya gets up from sleep to study for exam. Goes to the       kitchen to get water from the fridge.

• * A search at dawn finds her body in the well in the compound.

• * March 1992: FIR is registered as missing person case and later as unnatural death by        Kottayam West Police Station

• * March 1992 10 AM: Abhaya’s body is taken out of the well by the fire force and inquest drawn up

• * March 1992: Postmortem conducted on the body by Dr Radhakrishnan of Kottayam Medical College

• * March 1992: Action Council convened by Jomon Puthenpurackal

• * April 1992: Crime Branch takes up investigation

• * January 1993: Crime Branch files closure report as death by suicide

• * March 1993: CBI (Varghese P.Thomas) takes up investigation on orders of Central Government (CBI Headquarters) on the request of the State Government

• * April 1993: Material objects in the case received from the RDO court and destroyed by the Crime Branch..

• * 30 December 1993: Varghese P.Thomas, DSP, CBI submits resignation alleging illegal interference in the investigation by V Thiagarajan, SP, CBI, Cochin.

• * 7 April 1995: Dummy experiment conducted. Forensic medical experts (Dr S K Pathak, Dr Mahesh Verma, Dr. S R Singh) conclude that homicide cannot be ruled out.

• * 29 January 1996: CBI SP Ohri submits final report. Suicide or murder cannot be conclusively proved. CJM court rejects report. CBI to continue investigation.

• * 9 July 1999: DySP Surinder Paul submits report. Homicide, but unable to find culprits. Report again rejected by CJM court.

• November 2007: Fr. Kottoor, Fr. Puthrukayil, Sr Sephi, Sanju P Mathew etc. undergo narco analysis tests in Bangalore.

• * 7 November 2008: High Court orders investigation by Kerla unit of CBI.

• * 19 November 2008: Two priests and a nun arrested in the case by a CBI team led by Nandakumar Nair, DySP, CBI, Cochin.

• * 25 November 2008: V V Augustine, former ASI who registered the FIR and conducted inquest on the deadbody, found dead (committed suicide).Suicide note alleges tortutre by CBI.

• * 2 December 2008: Accused remanded to police coustody by CJM.

• * 29 December 2008:Bail application rejected by the CJM Ernakulam. Bail applications before Justice Hema of High Court. She says arguments of CBI counsel contrary to the facts recorded in the case diary. CBI requests for transfer of case. Rejected by High Court.

• * 2 January 2009: Justice Hema of Kerala High Court grants conditional bail to the three accused. Suspects manipulations in Narco CDs. Orders production of originals. CBI moves Single Bench of Justice Basanth saying case paralysed by the orders of Justice Hema. Basanth orders only he can monitor the case.

• * 14 January 2009: Supervision of the case transferred to a Division Bench of the Kerala High Court. Originals of the Narco CDs placed before the CJM court. Orders verification by CDAC.

• * 20 February 2009: Jomon’s autobiography titled Abhaya case diary released.[2]

• * 9 March 2009: CDAC returns Narco CDs citing technical inability to verify the CDs.CDIT to verify CDs.

• * 12 March 2009: Bail conditions of all the accused relaxed by high court. High court closes all the proceedings regarding Abhaya case before it. CJM court Ernakulam to continue proceedings.

• CBI requests CJM court to sanction narco analysis test to be conducted on Abhaya’s roommate Sr. Sherly and two kitchen servants. Court gives sanction. Sanction challenged in High Court.

• * 23 March 2009: Kerala Kaumudi submits unconditional apology. High Court closes contempt case.

• * 20 June 2009: CDIT finding that Narco CDs doctored. Court orders CBI to find out original CDs/tapes.

• * 4 July 2009: CBI questions Dr.Malini and others.

• *  July 2009: CBI makes a volte face and submits that the CDs were not doctored. CDIT challenges the CBI findings.

• * 15 July 2009: Justice Usha while relaxing the bail conditiones of Fr. Puthrukayil observes that collusion between CBI and Dr. Malini proved by latest events.