The CBI revelation in the Kerala High Court on Monday quoted the former assistant director of FSL, Dr S Malini, who had cited the judge’s presence to reject accusations of having tampered with the CDs of the narco tests.
The court was hearing a contempt of court petition filed by Abhaya’s father Thomas against the CBI that the agency was not keen on recovering the original narco CDs.
According to Dr Malini’s statement, Justice Cyriac Joseph made a private visit to FSL on May 23, 2008, and watched the narco analysis test videos in her cabin and how they were downloaded.
She claimed Justice Joseph had even complimented her on the manner in which the procedure was carried out, and hence it was unfair to cast aspersions on her. The judge’s visit had been recorded in the visitors diary at FSL. Dr Malini said Justice Joseph later visited Bowring Hospital and witnessed the narco tests done on SIMI leader Shibily in connection with a terror case.
Following the controversy surrounding the narco analysis CDs, a CBI team had visited Bangalore to ascertain whether they had been tampered with. The agency had interrogated Dr Malini who led the narco tests on the three accused—Fr Thomas Kottoor, Fr Jose Poothrikayil and Sr Sephy—in connection with the Abhaya murder case three times.
The contempt of court petition, which was earlier heard by Justice Hema, was judged by a Division Bench of Justice Balakrishnan Nair and Justice Ravikumar. The bench asked the CBI to file a fresh affidavit and deferred further hearing on the case to August 18.