A nun, who is one of the accused in the 1992 Sister Abhaya murder case in a Kerala convent, on Thursday moved the Delhi High Court seeking action against officials of the Central Bureau of Investigations who forced her to undergo virginity test last year.
Justice V K Shalli, however, raised the question of jurisdiction and asked the counsel for nun Sister Sephy to argue on the point of maintainability of the case in this court on January 15.
Filing a petition, Sister Sephy, on bail since January, contended the investigating agency forced her to undergo the virginity test against her wish, which was violative of her fundamental rights.
In May this year, the National Human Rights Commission had expressed its inability to take action against the erring officials as the case is pending in various courts.
According to Sister Sephy, when CBI failed to prove the allegation that she was having sexual relation with the fathers in the convent, CBI concocted a story in the chargesheet saying she had undergone hymenoplasty to keep intact her virginity.
Seeking compensation for vulgar language allegedly used by the agency against her, she accused CBI leaking the chargesheet to the media with an "ulterior" motive.
In the chargesheet, Sister Sephy, along with two Fathers Thomas Kottoor and Thomas Poothrikkayil have been arraigned under section 302 (murder), section 201 (destruction of evidence) and 499 (defamation) for killing sister Abhaya and later dumping her body in a well.
The murder case shocked Kerala after the 21-year-old was found dead in a well in St Pius convent in Kottayam on 27 March, 1992. The probe also revealed that two male accused were in the habit of making nocturnal visits to the Convent Hostel and were known to be close to the accused nun, the chargesheet said.
According to the CBI, Sister Sephy, along with the two Fathers, had hit Sister Abhaya's head with a blunt weapon and later dumped her body in a well as the victim had seen her in a compromising position with one of the Fathers a few days before the murder.
The local police, which first investigated the matter, could not bring any evidence to prove the murder. The case was transferred to the Kerala Crime Branch on April 7, 1992, which claimed Abhaya had committed suicide.
In the meantime, the Action Council, constituted for justice for Sister Abhaya, moved the Kerala High Court, which directed the CBI to investigate the matter on March 29, 1993.
The CBI had earlier filed three closure reports, which were rejected by the high court, after which the agency continued its investigation and resorted to scientific methods, including polygraph test, brain mapping test, brain finger printing test and narco analysis, which pointed the needle of suspicion to the three chargesheeted persons.
Sustained investigation focusing on the movements of the accused and their conduct before and after the crime resulted in unearthing of vital evidence.
