Supreme Court rejects Bishop Mulakkal’s review petition

By Matters India Reporter

New Delhi: The Supreme Court of India November 5 rejected a petition from Bishop Franco Mulakkal of Jalandhar seeking a review of the Kerala High Court order that had dismissed his plea to dismiss a rape case against him.

The review petition was heard by a bench comprising Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian.

The apex court also dismissed a plea from the prelate’s counsel, requesting for an oral hearing in open court.

“We do not find any error in the order impugned, much less an apparent error on the face of the record, so as to call for its review,” stated the order dismissing the review petition.

In July, the Kerala High Court dismissed Bishop Mulakkal’s seeking the removal of his name as the accused in the case of sexually assaulting a Missionaries of Jesus nun in convent in the southern Indian state.

The High Court asked Bishop Mulakkal to face the trial in a court in Kottayam, a town in Kerala. The court did not accept the bishop’s argument that the evidence against him has no substance.

The nun in her June 2018 complaint accused the bishop of subjecting her to sexual assault 13 times between 2014 and 2016..

The Kerala police’s Special Investigation Team that probed the case arrested the bishop on September 21, 2018. He has been charged under sections 342 (wrongful confinement), 376 (2k) (rape on a woman incapable of giving consent), 376 (2n) (causing grievous bodily harm during rape), 376 (c) (a) 377 (unnatural offence) and 506 (1) (criminal intimidation) of the Indian Penal Code.

The arrest was forced by a sit-in demonstration launched September 8, 2018, by the Save Our Sisters, a laity group. Five nun supporters of the alleged rape survivor too joined the protest demanding Bishop Mulakkal’s arrest.

The Kerala High Court on October 15, 2018, granted bail to the bishop.