Bengaluru: It is three years since the Ghastly Murder of Fr KJ Thomas shook the conscience of the Catholics/Christians & the Nation on Easter Night in 2013.
We have drawn the attention of the Commissioner of police and the Hon’ble Home Minister of Karnataka etc to the following facts:
That, on 01-04-2013 at 8.30 a.m., the Station House Officer of Yeshwanthpura Police Station received a complaint of Fr.Patrick Xavier on the basis of which Crime No.157/2013 was registered U/s 201 and 302 of Indian Penal Code, 1860 against unknown persons for murdering Rector Fr.K.J.Thomas on 31-03-2013. Seven persons were implicated as Accused and on the basis of the statements of witnesses A-1-Fr.Elias Daniel and A-2 Fr.William Patrick were arrested on 21-03-2014 and A-3 Cormel Peter @ Peter was arrested on 20-03-2014.
The charge sheet was filed against A-1Fr. Elias Daniel, A-2 Fr.William Patrick, A-3 Cormel Peter, A-4 Francis and A-5 Swamy on 17-06-2014 for offences U/S 302, 201 & 120-B read with S.149 of I.P.C.
Further on 24-11-2015 an Additional Charge Sheet Under Section 173(8) of the Cr.Pc, 1973 in Crime No.157/2013, numbered as C.C.No.27574/2015 for offences punishable U/s 120-B, 302 & 201 R/w S.149 of I.P.C, which included Fr Anbu John @ Deva Anbu John as A-6, Fr.A.Thomas A-7, Fr.C.Selvaraj @ Chasara A-8, Fr.I.Anthappa A-9, Raphael Raj A-10, Mrs.Reeta Rini A-11 and B.A.Anthony Prasad A-12 before the XXIV ACMM Court and learned Magistrate has taken cognizance of, on the very same day and also issued Non-Bailable Warrants against all the newly included Accused persons.
That, A-1 Fr.Elias Daniel, A-2 Fr.William Patrick and A-3 Cormel Peter filed Crl.Misc.,No.3826/2014 Under Section 439 of Cr.Pc for grant of bail in Crime No.157/2014 (C.C.No.154654/2014) and the Hon’ble Court rejected the bail application on 30-12-2014.
That, in view of the above rejection of the Bail Application; Criminal Petitions Crl.P.No.355/2015 A-1 Elias Daniel, Crl.P.No.509/2015 A-2 William Patrick and Crl.P.No.510/2015 A-3 Cormel Peter were filed before the Hon’ble High Court of Karnataka and the Hon’ble Court was also pleased to dismiss all the bail applications with the following ruling:-
“All the bail petitions are dismissed. Notwithstanding dismissal of the bail petitions, the learned sessions judge to frame charges at the earliest and identify the material witnesses with the help of the learned Special Public Prosecutor and to examine them on priority.
The learned Special Public Prosecutor to assist the learned judge in identifying material witnesses so that they can be examined on priority and to dispose of the entire case, preferably within nine months from the date of framing charges. It need not be reiterated that when once trial starts, it will be on a day-to-day basis as per the mandate of Section 309 of the Criminal Procedure Code, 1973.”
On 29-12-2015 the Additional Accused Persons in the 2nd Charge Sheet also filed Criminal Misc., No.7798 and 7837/2015 before the Hon’ble Principal City Civil & Sessions Judge, seeking anticipatory bail in Crime No.157/2013 and the Hon’ble Court rejected the said petitions on 29-12-2015.
Considering all the above incidents on 28-12-2015 the Hon’ble XXIV ACMM had issued a Non-Bailable Warrant against all the accused in C.C.No.27574/2015.
As such, the Yeshwanthpur Police were duty bound to arrest all the accused persons and produce them before the Court (after the issue of a NBW by the Hon’ble Court) have deliberately avoided to do so, which is an act of a Public servant (the Police) disobeying direction of law with intent to save person from punishment or property from forfeiture – attracting Section 217 (Non-Cognizable); Intentional omission to apprehend on the part of public servant bound to apprehend – attracting Section 221 (Cognizable), Public servant framing incorrect record or writing with intent to save person from punishment – attracting Section 218 and Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed – attracting Section 222 (Cognizable) of the Indian Penal Code, 1860.
Interestingly a letter No/YPS/Gnl/Pets/13/16 dated 19/03/2016 was issued by the Police, which has been intentionally altered it to 10/03/2016 yet, posting the same on 19/03/2016, clearly proving that the assumption/presumption in Para-8 hereinabove as true. The reply/clarification letter dated 10/03/2016-19/03/2016 says “ತಾವು ದೂರು ಅರ್ಜಿಯಲ್ಲಿ ಪ್ರಸ್ತಾಪಿಸಿರುವ 1.ಅಂಬುಜಾನ್, 2. ಫಾದರ್ ಎ ಥಾಮಸ್, 3. ಫಾದರ್ ಸೆಲ್ವರಾಜ್ @ ಚಸ್ತ್ರ, 4. ಫಾದರ್ ಅಂತಪ್ಪ, 5. ರಫೇಲ್ ರಾಜ್ 6. ರೀಟಾರಿನಿ ಮತ್ತು 7. ಅಂಥೋಣಿ ಪ್ರಸಾದ್ ರವರುಗಳು ತಮ್ಮ ವಿರುದ್ಧ ನ್ಯಾಯಾಲಯವು ಹೊರಡಿಸಿರುವ ಜಾಮೀನು ರಹಿತ ವಾರೆಂಟಿನ ವಿಚಾರವನ್ನು ಮೊದಲೇ ತಿಳಿದುಕೊಂಡು ತಲೆಮರೆಸಿಕೊಂಡಿರುತ್ತಾರೆ. ಆದರೂ ಸಹ ಆದಷ್ಟು ಬೇಗ ಆರೋಪಿಗಳನ್ನು ದಸ್ತಗಿರಿಪಡಿಸಿ ಘನ ನ್ಯಾಯಾಲಯದ ಮುಂದೆ ಹಾಜರುಪಡಿಸಲಾಗುವುದೆಂದು ತಿಳಿಯಪಡಿಸಲಾಗಿದೆ.” meaning “the persons mentioned in your complaint/application (1) Anbu John, (2) Fr.A.Thomas, (3) Fr.Selvaraj @ Chesara, (4) Fr.Anthappa, (5) Raphael Raj, (6) Rita Rini and (7) Anthony Prasad have gone underground/into hiding after coming to know that the hon’ble Court has issued an Non Bailable Warrant against them. Yet it is brought to your notice that very soon all the accused persons shall be apprehended and produced before the Hon’ble Court”, has established the following:
That, the Yeshwanthpur Police are fully aware that the above statement can be correct only if it was made before 16/03/2016, the date on which Accused No.8 Selvaraj @ Chesara died at 3.55am, due to (i) Acute Pancreatitis (ii) Type II Diabetes Mellitus & (iii) Hypertension with another significant condition i.e., Ischemic Heart Disease, having a background of chronic Liver Disease which is subsequent to chronic Ethanol intake for 30 years.
That, the Yeshwanthpur Police are fully aware that the accused persons were always available in public and that they have been roaming around in public under the protection and assurance of the Police of not arresting them, even when the Hon’ble Court had issued a Non-Bailable warrant against all the accused.
That, the Yeshwanthpur Police have intentionally made a false statement that that all the accused persons have escaped, although the accused persons were seen in public on television channels and the Police have intentionally not proceeded to apprehend them due to Police’s utter disregard for the orders of the Hon’ble Court.
If the statement of the Yeshwanthpur Police that all the accused persons have escaped and hence the Police were not able to execute the Non Bailable Warrant is meant for the Court, it would amount to concocting evidence in order help the accused to escape freely which is nothing but Perjury and Contempt of Court, attracting amongst other provisions S.218read with section 34, Indian Penal Code for making false reports in the course of investigation or execution of the NBW as a part of official duty of the Police.
In this background if the Yeshwanthpur Police does not proceed to execute the Non-Bailable-Warrant issued by the Hon’ble Court against all the accused persons and produce them before the Hon’ble Court, we will draw the Hon’ble Court’s attention to the Police’s active and intentional avoidance or non execution of the NBW along with their letter, with an application for the letter to be sent for a forensic test to establish that the Police has intentionally altered the date from 19/03/2016 to 10/03/2016 to give a false impression that the accused persons were not available when they wrote the reply, ALTHOUGH the accused persons were actually very much available in public and the Police willfully refused to execute the NBW.
Report & Pictures by Arun Fernandes