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Court pulls up CBI in Abhaya case

Special Correspondent

Failure to investigate tampering angle

KOCHI: Ernakulam Chief Judicial Magistrate P.D. Sarangadharan on Tuesday pulled up the Central Bureau of Investigation (CBI) for not properly investigating the allegation that the chemical analysis report in the Sister Abhaya case had been tampered with.

The court observed that the report filed by the CBI in the case showed that though an anonymous letter had made a serious allegation of tampering with the chemical analysis report, the investigating officer had not made any attempt to examine the register kept in the office of the Chemical Examiner in Thiruvananthapuram.

(The court had earlier directed the CBI to investigate the allegation while handing over the anonymous letter to it in November 2006.

The court had sought an action-taken report when it considered a petition filed by the CBI seeking the workbook register seized from the chemical examiner's office.

The CBI had argued that the workbook register was essential for further investigation. The workbook had been sent for an expert's opinion by the Magistrate Court, Thiruvananthapuram.)

In-action report

Dismissing the petition, the court said that the CBI had filed an "in-action report" and that the CBI was "wandering in and around Thiruvananthapuram" in search of the author of the anonymous letter. The report seemed to be a statement about the failure of the CBI to trace the author.

The court observed that all the investigating officers, barring one, had given undue importance to the "invisible (hand) behind this crime and they were going in search of extraneous matters."

The investigating officer seemed to have given priority to finding out the author.

Expressing doubts about the bona fides and intention of the investigating officer, the court said that if the officer, who had earlier ignored the workbook register, now felt that the documents mattered, he could obtain a certified copy from the Chief Judicial Magistrate Court, Thiruvananthapuram.

The court observed that the CBI could approach the higher authorities if it had any grievances. Bringing the workbook here would affect the trial of the case pending before the Thiruvananthapuram Magistrate court, the magistrate observed.

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