Date:13/01/2009 URL: http://www.thehindu.com/2009/01/13/stories/2009011359830400.htm

Kerala - Kochi

Accused allowed to consult lawyers sans officials: CBI High Court round-up

Special Correspondent

KOCHI: The CBI informed the Kerala High Court on Monday that it had allowed the accused in the Sister Abhaya murder case to consult their lawyers at the CBI office on November 29 without the presence of the investigation officials as directed by the High Court.

The CBI made the submission in a statement filed in response to a directive issued by Justice R. Basant.

The directive was issued in the wake of the submission of counsel that they met the accused in the presence of the investigation officers. The court had directed the CBI and the accused to make a statement on the issue during the hearing on a clarification petition filed by the CBI regarding the monitoring of the case.

The CBI said that the legal consultation was held from 3.25 p.m. to 4.35 p.m. on November 29 in separate rooms. It was not done in the immediate vicinity of the CBI officers. So, the communication between the client and counsel could not be heard by any officials.

As these accused were not handcuffed, the CBI officers were only vigilant and “at visual distance”. After the long conversations, the lawyers left the CBI office “in good spirits”.

Neither the accused nor counsel had made any oral or written compliant against CBI officers of having stood close to them or interfered in their conversation.

The CBI also submitted a statement regarding the name of the superior officers supervising the investigation in the case before Justice K. Hema. The CBI said that the investigation was being supervised by Kanthaswamy, DIG (Southern Range) Chennai, and Ashok Kumar, Joint Director (South).

Files plea

Pro-Vice Chancellor of Kerala University V. Jayaprakas on Monday filed a petition in the High Court seeking to quash the recommendations made by the Inquiry Committee appointed by the Cochin University of Science and Technology against him for influencing the former Controller of Examination, Cusat, Babu Sunder to commit irregularities in the revaluation of an MBBS paper of his son.

In the petition, Mr. Jayaprakas also sought to restrain the government and Kerala University from taking action against him on the basis of the recommendation. He said that he appeared before the Inquiry Commission as witness. He had not been heard before proceeding against him. In the report, he had been found guilty of influencing the Controller of Examination. In fact, his conduct had not been a part of the inquiry.