New Delhi: A nun, who is one of the accused in the 1992 Sister Abhaya murder case in a Kerala convent, moved the Delhi High Court on Thursday seeking action against CBI officials who forced her to undergo virginity test last year.
Justice V K Shalli, however, raised the question of jurisdiction and asked the counsel for Sister Sephy to argue on the point of maintainability of the case in the 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 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 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.
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.
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.
Justice V K Shalli, however, raised the question of jurisdiction and asked the counsel for Sister Sephy to argue on the point of maintainability of the case in the 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 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.
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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.
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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.
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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.
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