Court rejects Bishop Mulakkal’s plea to defer case

Kochi: The Kerala High Court on October 1 dismissed a petition filed by Bishop Franco Mulakkal, accused in the nun rape case, challenging the Kottayam Additional Session Court’s order rejecting his plea for deferring the cross-examination of witnesses until the COVID-19 pandemic is brought under control or to adjourn it by at least two months.

The sessions court had posted the case for examination of witnesses on October 5.

Justice VG Arun observed that the apprehension expressed by the counsel for the petitioner was well-founded in the wake of the rampant spread of the pandemic.

“But it is high time for us to accept this reality and move on with our affairs. In any case, the wheels of justice delivery system cannot be permitted to come to a grinding halt by reasons of the pandemic,” observed the court.

The petition sought to defer the cross-examination as his 73-year-old senior counsel would not be able to reach Kottayam to conduct the examination because of the pandemic. The senior counsel who suffers from various age-related ailments was now confined to his residence in Kochi, the petitioner said.

The Special Public Prosecutor submitted that the nature of the allegation and personalities involved in the case demands that the trial of the case be concluded at the earliest. Besides, the complainant was given round-the-clock protection. The sessions court was well equipped to conduct the cross-examination of all the witnesses through video conferencing mode.

The court also directed the sessions court to consider any request by the petitioner to conduct the cross-examination of the witnesses through video conferencing.

The trial in the nun sexual assault case began at the additional district sessions court in Kottayam on September 30 even as the court restrained the media from publishing any matter relating to the in-camera proceedings.  The court has barred media coverage after Mulakkal moved an application. The order was passed after Mulakkal said the prosecution had leaked to the media a statement given by one of the main witnesses earlier.

 

(source: newindianexpress.com)