No CBI probe in nun rape, rules SC

The Supreme Court on Wednesday declined to hand over the investigation into the alleged rape of a nun in Orissa8217;s Kandhamal district to the CBI...

The Supreme Court on Wednesday declined to hand over the investigation into the alleged rape of a nun in Orissa8217;s Kandhamal district to the CBI, saying that it would not be in the 8220;interest of justice8221;.

The nun has been untraceable ever since the FIR was lodged in the case. Taking note of this fact, the Bench headed by Chief Justice K G Balakrishnan said: 8220;We think that the victim will cooperate with the state Police.8221;

While allowing the investigation to remain with the state8217;s Crime Branch, the court also asked Orissa to be 8220;generous enough8221; and take a re-look at its 8220;secular8221; policy preventing governments from giving compensation to any place of worship.

8220;The state will take a generous view of the matter, will identify the damaged churches, assess the extent of the damage and take steps towards rebuilding them,8221; it said.

Earlier, softening the stand adopted in its affidavit, the Orissa Government, represented by senior advocate K K Venugopal, expressed its willingness to help rebuild the damaged churches in the state, but only under the court8217;s order or 8220;even a suggestion8221; to that effect.

In a petition, the Archbishop of Cuttack had sought Rs 3 crore compensation for rebuilding churches which had been demolished in the anti-Christian riots. He had also sought a CBI inquiry into the attacks.

The Bench, also comprising Justices P Sathasivam and J M Panchal, appeared in consonance with Venugopal8217;s submissions and noted: 8220;At this stage, we do not think that handing over the investigation into the case to the CBI from the state police is in the interest of the victim as well as in the interest of justice.8221;

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The Bench was informed that the victim has refused to participate in the Test Identification Parade TIP, though about nine persons have been arrested in connection with the case.

The apex court said fast-track courts should be set up for hearing cases related to the recent violence. The Bench also said the central paramilitary forces would remain in the riot-hit areas till the end of December, in view of the upcoming festival of Christmas.

While suggesting that the state Government should initiate a dialogue between the opposing communities, the court said the next hearing would be held in the first week of January.