FOCUS-MARCH 2022

IDEA OF JUSTICE: FROM TARUN TEJPAL TO FRANCO MULAKKAL G. Gopakumar, a judge of an additional session court in Kottayam, Kerala, an important hub of various church denominations, has reportedly acquitted disgraced, defrocked former catholic bishop Franco Mulakkal. He was an accused of repeatedly raping a nun under his charge. Judge G. Gopakumar cited, failure of the prosecution to establish the crime, for the eventual acquittal of Franco Mulakkal by the additional session court in Kottayam. Reportedly, this Franco Mulakkal is the first Catholic Bishop in the country to have faced trial on the rape charge. It was on 27th June 2018, the victim of Bishop Mulakkal’s lust had complained at the Kuravilangad Police station in Kottayam, that she was sexually assaulted 14 times by this bishop between May, 2014 and 2016. Some 5 nuns took to fasting under the aegis of Joint Christian Council (JCC), demanding arrest of Franco Mulakkal. JCC had blamed authorities in Kerala for no-action despite many months after complaint, adding that Catholic Church in Kerala is pressurizing government ‘not to act’. Sex within the portals of church has a long history. But it’s not the church alone, where ever celibacy is being practiced, sexapades is fairly routine, some becomes public knowledge, some enjoy it quietly and some endure it to live another day, being helpless to protest. However in this particular case, apparently the victim suffered the attack on her persona for too long and too often. Probably she couldn’t endure it anymore. Prime facie, she may not be alone who have suffered the physical ignominy by the influential Bishop. Under the circumstances, the laity has to involve itself to support the protesting group of nuns. Post FIR at Kuravilangad police station, investigation by police had learnt that Bishop Mulakkal had indeed abused his position and got physical with the victim repeatedly. Accordingly Kerala High Court was informed, followed by a special team of Kerala police travelled to Jalandhar along with some journalists. It was alleged that private security guards at Bishop House in Jalandhar had assaulted these accompanying journalists from Kochi. He was brought to Kottayam and after getting clearance from the Kottayam government hospital, about his health condition, he was jailed. But sadly he was soon granted a conditional bail of no entry into Kerala and reporting to police in Jalandhar once every two weeks. On securing bail, nuns of Jalandhar welcomed Mulakkal with visible warmth, indicating that these nuns were strangely not with the suffering victim, one of their very own, who endured the lecherous pressure of Mulakkal some 14 times in over 24 months period. Clearly, it appeared that this Bishop Mulakkal had the clout and power to influence the course of justice. This is the most disturbing aspect of bail having been granted to this alleged habitual criminal. Being on bail he moved several petitions to obstruct the progress in the case including a petition in the apex court seeking to squash the charges against him. While rejecting his plea, the Supreme Court warned him not to throw his weight around with his spiritual authority against the court. Under the circumstances, the verdict by the session court has been received with shock in many quarters. The National & State Women’s Commission Chairpersons described the verdict as shocking while the police officials in charge of the case said ‘there is no parallel to the verdict in the history of Indian judiciary’. Reportedly, the nuns who had agitated for justice to the victim said ‘the verdict showed that those who have money and clout can get away with anything in Kerala’. Coming to the judgment itself, there were some glaring infirmities like, ‘the case has begun around two years later, after the last incident of alleged rape, resulting in lack of medical evidence’. Besides for some inexplicable reasons, prosecution was unable to produce the victim’s mobile phone or laptop before the court. Since there were allegations of obscene messages from the bishop to the victim and these messages were reportedly saved in the computer of the victim. Thus it couldn’t be proved. So also, strangely the medical report presented by the prosecution was different from the original report, contended the defense. However it is also true that the victim-nun attempted many times, before approaching the police, to present her case to church authorities, which reportedly fell on deaf ears. According to reports, the nun first reported the alleged assaults to Church authorities as early as January 2017, approaching several senior Church functionaries. But none took it seriously. Thus years, in the intervening period, were lost. An SIT was formed only after the protest, by the supporters of nun before the Kerala High Court and Franco Mulakkal was arrested. He was charged under different sections of IPC, including rape, intimidation, illegal confinement and others. He is reported to have stayed in jail for 25 days, but not surprisingly found great support from both church and politicians. But, again for some unknown reasons, the judge seem to have predilections, in seeing the victim negatively in adopting a softer approach towards the accused. Was it pre-planned! Or else, it’s not clear at all, how judge G. Gopakumar, concluded that the accused Franco Mulakkal is innocent to be freed, despite the visible reaction among the public in support of the victim. If the intention of the judge was to give justice to the victim, judge could have taken more time to get to the truth of the matter, especially when the victim was fighting a powerful person. Cross examination of the accused was not called for either. Hence the insinuation that the accused is being protected is sustained. It was indeed a case of David fighting Goliath. It is perceived in many quarters, closure to church, that although many nuns suffer in silence, they do not have the courage to go against the powerful clergy. ‘It had taken ‘herculean effort’ by the survivor and fellow nuns to get the case taken up, with the Catholic Church offering little support and instead taking retaliatory action against her and those who stood up for her?’ Under the circumstances, it’s only the laity that should come forward with open support for such victims. But sadly the truth is, laity is apparently not too much bothered, or else, as Prof. Valson Thampu says "Does the Christian community have any right to be shocked at this alleged miscarriage of justice? How consistent is the track record of the community and the Church in their commitment to do justice for women? Consider for example, the role played by the Church and the community in the Sr. Abhaya murder case. Prolonged efforts at conspiration were made and enormous amounts spent to protect the criminals and to deny justice to the victim. When after 28 years, the court found the accused in the case guilty and punished them; the stooges of the Catholic Church did everything imaginable to discredit the verdict. Over 20 dead bodies of nuns were found from the convent wells in Kerala. They died, we were told ‘under mysterious circumstances'. None of these deaths bothered the community. No effort has been made to investigate these suspicious deaths to know the truth. If they have been murdered as Sr. Abhaya was, the criminals remain beyond the reach of the law. This is the measure of utter indifference by the Christian community in Kerala. Justice is not available to them either from the Church or from the community". So the question what next for the victim vis-a-vis the alleged sex maniac Franco Mulakkal is making its rounds! “Such judgments are making mockery of our justice dispensation system when a bishop is acquitted after abusing his power”, writes Olav Albuquerque, and added “A bishop can destroy a nun spiritually by making a mockery of her vows of chastity to subjugate her through her other vow of obedience to his lust which is an abomination of canon law. This is why this nun was forced to complain to the police after her complaint to the pro-nuncio proved futile;” while writing a piece, “Bishop acquittal reverses reforms in rape law post-Nirbhaya”. Hope the prosecution takes it up at higher level more seriously to see that the case meets the ends of justice. Tarun Tejpal, who is no more tarun (young) but wants to live like one, with all kinds of monkeying, like Hindi film actor villain Jeevan Kumar says, “Bundar kithna hee boodha ho, gulati maarna nahee bhooltha”, that is, ‘monkey however old, does not forget rolling upside down’. So the monkeying is always alive with likes of Tarun Tejpal. He is India’s original muck-raking journalist with his mouth piece TEHELKA. As the saying ‘those who live with sword shall perish with sword’, same way, those who live with muck will end-up with muck. From 2001 to 2014 it’s been a journey of some 15 years. Started with politically inspired ‘expose’ in defense deals during NDA regime in New Delhi, he continued with the fall of NDA government in 2004 and grew, in leaps and bounds, during the following years with political patronage of the day. Clout and confidence that you acquire illegitimately or undeservedly always lead one, to over-confidence. With such over-confidence, one takes many things for granted and disaster could be waiting in the wings to happen. And it happened on the 7th November 2013, with devastating effect, probably with no escape route. Tarun Tejpal and his TEHELKA were organizing a literary meet at the swanky up-market Grand Hyatt Resort in Goa in November 2013. On November 7, Tejpal was in the elevator accompanied by a young intern, a friend of his daughter of similar age group. Tejpal reportedly took liberty inside the elevator to ‘penetrate’ his daughter like young female, despite resistance with utterances like “This is the easiest way to keep your job”. But unfortunately for him, over confident of his political clout, he had stretched his luck a little too far. His luck ran out and he became the guest of Goa Police. Bail followed. Court as usual took 7 years 7 months. On 21st May 2021, a session court in Goa pronounced him ‘NOT GUILTY’. Government of Goa immediately reacted shockingly to challenge the order in High Court. Women’s Rights Group felt utterly let down by the lady sessions judge Kshama Joshi, despite there being convictable evidence. Calling the judgment deeply disappointing and de-motivating for victims to come forward to lodge complaint against bosses perpetrating sexual crimes in work place, questioned the grounds of acquittal of Tejpal, especially when he, on his own, had admitted it as a “drunken banter” “a bad lapse in judgment” “an appalling misreading of the situation” etc. Clearly, it appears to be a miscarriage of justice. How did a lady judge couldn’t see merit in the complaints of the youngster, is a very disturbing question. Report in print media informed that Tejpal’s daughter read out a statement issued by Tejpal to the waiting media. But nobody in the media asked, how was the typed letter ready in such a short time with deliberate language immediately after the pronouncement of the judgment!? This has clearly indicated that Tejpals were privy to the copy of the judgment. ISSUES & CONCERNS had written back in June 2021, and we quote. “According to grapevine, the letter was ready 2 days earlier on the 19th itself. So, was Tejpal in the know of the judgment before it was delivered!? Therefore, was the judgment fixed?! It’s a disturbing question making its rounds? But, surprisingly, where is the media expressing its unease! Or, are the ‘who’s who’ in the media caught in the midst of “Me too”, like MJ Akbar!” unquote. This is another dimension of Mera Bharath Mahaan, where people with clout and money power can get away with impunity. Poor Mother India! Judiciary at all levels, helping the moneyed and powerful has a long history. After all who are the victims? Faceless, defenseless and voiceless! Even the system and the political class works for the powerful. Go back in time. To be precise, on the night of 2nd / 3rd December 1984, Bhopal, the site of world’s worst industrial disaster, where some 20,000 were killed and half a million maimed. Haven’t our political class and the judiciary even then favoured the American giant Union Carbide, the powerful and moneyed, by returning the verdict of mere ‘negligence’ instead of man-slaughter! Was there a quid-pro-quo! A.M.Ahmedi the then Chief Justice of India, who delivered the highly controversial judgment, was rewarded by the company, to head its Trust in India, to oversee compensation and rehabilitation of the affected people. Such brazen act of selfishness is fairly in vogue in our Yeh Mera India, where justice and truth is sacrificed for the benefit of moneyed and well connected powerful people. But sadly when it comes to those faceless millions within the jails across India, whose cry is lost in the wilderness of the compounded apathy and selfishness, of all of us including judiciary and legal fraternity, it’s not just the systematic rot, it’s dumb charade.