Murder most foul; verdict 28 years later

The case was all but closed a few times by the police and even by the CBI but judges suspected a ‘cover-up’

The Sister Abhaya murder case in Kerala is indeed among the rarest of criminal cases in the history of Indian jurisprudence. It is sure to find a place in the archives of legal history for a long time to come. Rarely has a case hung on mysteriously this long— 28 years.

The CBI court has now awarded life imprisonment to a priest and a nun. The case was all but closed a few times by the police and even by the CBI. However, judges suspected a ‘cover-up’ and insisted on a re-investigation by the CBI. An action council headed by Jomon Puthenpurackal, a Church member himself, pursued the case relentlessly all through this protracted legal battle, despite an impenetrable defence fortress built around the culprits. It was indeed a David and Goliath scenario.

A section of the media, both print and visual, also played a significant role in keeping alive this sensational case. That this event unfolded in Kottayam, a most literate part of India, is perhaps coincidental but worthy of notice.

Justice long delayed

The first big question is about the credibility of our criminal justice system itself. ‘Justice delayed is justice denied’ is a dictum that has been proved in this case beyond a shadow of doubt.

Delay obfuscates, confounds and destroys a criminal case irrevocably. Delay tactics are built into the system. The entire scheme of things is heavily tilted in favour of the accused, to be used masterfully by the advocates. Witnesses turn approvers in some cases, and hostile in others. It’s also an unequal battle, where the richer party will have an edge over the other. In other words, it’s a recipe for the subversion of justice.

Role of the police

The next shocking revelations, in this case, has been the role played by the police. The state police, its crime branch, and even the CBI played their roles. Most of their role is one of connivance with the criminals. The CBI court has commented on the complicity of the police in attempts to cover up the crime. Some of the officers, including higher-ups, have not come out unscathed. There have been upright officials, too, who stood up to pressure. One DySP of the CBI even quit his job 10 years ahead of retirement because of the pressure brought on him to make Sister Abhaya’s death a suicide case, when he was convinced that it was a clear case of murder. Such are the machinations of the police. Every trick was played to sabotage this case.

Church’s role

The saddest part of the story is that the Church has come out badly mauled, bruised, and shamed. The Church, for some mysterious reason, chooses to stand by the accused in all such cases, never the victim. This is absolutely indefensible. Pope Francis has time and again exhorted his followers to stand by the victim, the oppressed, and the dispossessed. He has said in no uncertain terms that the law of the land must take its course and justice must be done. Why then is the Church going out of the way to defend perpetrators?

There have been many cases of this nature. Many allegations go unproved, but they are happening with alarming frequency. The victims are sometimes nuns, at other times other women. The perpetrators are often the men in cassock, sometimes even the prelate. Incredible, but true!

A very basic question to be considered in this context is the logic of celibacy imposed upon priests and nuns by the Catholic Church. It has been proved time and again that many of them deviate from the vow of chastity or celibacy. This proves that any veto against human instinct will not endure. So, the time has come to put an end to the long-perpetuated charade of ‘single blessedness’ that the Church considers the best bet to safeguard its establishments and their control. There is no other good reason to hang on to a practice that is long discredited by its unnaturalness and sheer impracticality. Above all, it has absolutely no Biblical authenticity.

Will the Church do some soul-searching and introspect honestly at least now?

Thief who stuck to truth

There is a huge paradox in this sordid drama. The ‘pious people’ lied in the court of law while a thief, a key witness, stuck to the truth, despite inducements and even torture. It was his testimony that finally clinched the issue. A cynic asked, “Will this person be forgiven, like the thief who was crucified beside Christ?” Chances are that he would be forgiven because he repented and has turned a new leaf ever since.

This case brings into sharp focus one more thing. There are thousands of priests and nuns who serve God with absolute devotion. They are unblemished but embarrassed, much the same way as the simple faithful laity.

(The writer is Director, Little Rock Institutions, Udupi)