Nun rape case: HC dismisses Bishop Franco’s asking for trial to be adjourned

The Kerala High Court on Thursday rejected a plea by rape accused former Bishop Franco Mulakkal which asked for the hearing in the nun rape case to be adjouned for two months. Bishop Franco’s counsel submitted the plea stating that the lawyers would find it difficult to appear before the court in the case due to the ongoing coronavirus pandemic, and asked for the hearing to be resumed after two months. 

According to reports, the plea was strongly opposed by the prosecution.The survivor nun’s counsel argued that the prime witness in the case had suffered threats and that it was not ideal to adjourn the hearing when these witnesses were under police protection as per the Witness Protection scheme. The prosecution argued that when the witnesses were living in such danger, it was not appropriate to adjourn the trial in the case by two months. This was accepted by the High Court which then dismissed Bishop Franco’s plea. 

According to a Ministry of Home Affairs release, the Witness Protection Scheme, 2018, “provides for protection of witnesses based on the threat assessment and protection measures inter alia include protection/change of identity of witnesses, their relocation, installation of security devices at the residence of witnesses, usage of specially designed court rooms, etc.”

Following the rejection of Bishop Franco’s plea, the hearing will go as per scheduled at the Kottayam Additional District and Sessions court on October 5 and the case will be heard by Justice A Gopakumar. 

Bishop Froanco has been accused of regularly attempting to delay the trial by submitting petitions. In July 2020, the Kerala High Court had dismissed a petition that he filed asking the court to quash the charge of him sexually assaulting a nun. Dismissing the plea, the High Court asked the Bishop to face a trial. The accused moved the High Court after the trial court in Kottayam rejected his plea, asking for the sexual assault charge to be quashed. 

Bishop Franco, who formerly heard the Jalandhar Diocese, has been accused of raping a 44-year-old nun from the Missionaries of Jesus convent in Kuruvilangad, Kottayam between 2014 and 2016. After sustained protests which came to be known as the ‘Nun’s MeToo’ movement, he was arrested on September 21, 2018. However, in October 2018, he was granted bail. However, in July 2020, the trial court cancelled his bail and issued a non-bailable warrant against him after he failed to turn up for all hearings in the case. 

After he appeared before the court on August 7, he was granted a new bail with fresh sureties. The new bail specified that Bishop Franco must be present in Kerala until August 13 and that he also must not miss any of the subsequent hearings (he must be physically present). The judge also recalled the non-bailable warrant which was issued at the time his bail was cancelled. 

The rape-accused Bishop tested positive for corona virus in August after his swab samples were taken.