By Matters India Reporter
Kochi, June 16, 2020: The Kerala government on June 16 opposed a petition that Bishop Franco Mulakkal of Jalandhar filed in the state High Court to get a rape case against him dismissed.
The government told the southern Indian state’s apex court that the prosecution has strong evidences against the bishop and that the petition is a part of his plan to prolong the trial.
The 56-year-old prelate is accused of raping a nun multiple times between 2014 and 2016 in a convent in Kerala. The nun on June 27, 2018, filed the complaint against the bishop in a police station in Kerala’s Kottayam district.
Bishop Mulakkal maintains that the case has no basis as it was filed it out of personal vendetta for taking disciplinary actions against the nun. The nun is a member of a the Missionaries of Jesus, a congregation under the Jalandhar diocese. The bishop also denies that he had sexually abused the nun.
The prelate had filed a similar petition in the Additional District Court in Kottayam where the case is being tried. The lower court not only dismissed the petition but condemned such diversionary tactics.
The trial began in November 2019 in the Kottayam court, but the bishop avoided personal appearances several times under one pretext or other. The nationwide lockdown to contain the coronavirus pandemic halted the hearing in March.
The trial court took up the case again on June 10 and directed Bishop Mulakkal to appear in person on July 1 to stand trial. The bishop was absent even on that day.
The counsel of the bishop informed the court that Bishop Mulakkal was not able to travel as there were no domestic flights from Jalandhar in Punjab, where he is currently based. He also noted that the prelate has to undergo a 14-day quarantine according to the Kerala government guidelines for those arriving from another state.
The additional district court 1 judge G Gopakumar allowed the excuse given by the bishop’s lawyer. However, the court directed the bishop to make necessary arrangements to be present before the court on July 1. The court will read out the charges against him on that day. His absence on that day could lead to the cancellation of his bail, reports newsnindia.com website.
The prelate has been on bail since October 15, 2018.
The bishop will have to make arrangements to complete the quarantine period in Kerala before the next hearing. Since he is only 56, he can’t plead relaxation from the court. Only those above 65 are eligible for that relaxation.
Meanwhile the rape survivor has requested through her lawyer to become a witness in the case.
The high court will take up the bishop’s dismissal petition on June 26.
The chargesheet in the nun rape case was filed on April 9, 2019. Bishop Mulakkal faces charges of wrongful confinement, rape, unnatural sex and criminal intimidation in the case. The bishop faces life imprisonment or imprisonment of not less than 10 years, if found guilty.