Anna University sexual assault case: SC stays action against TN police over FIR leak

The FIR leak, which disclosed sensitive personal details of the victim, had been a focal point of the high court’s critical remarks against the police in its December 28 order

The Supreme Court on Monday stayed the Madras high court’s direction to the Tamil Nadu police for initiating departmental inquiry into the leak of a first information report (FIR) related to the sexual assault of a second-year engineering student on the Anna University campus in Chennai. The FIR leak, which disclosed sensitive personal details of the victim, had been a focal point of the high court’s critical remarks against the police in its December 28 order.

The bench also stayed the high court’s adverse observations against the state police. (HT file photo)

A bench comprising justices BV Nagarathna and Satish Chandra Sharma also stayed the high court’s adverse observations against the state police. However, the bench clarified that the special investigation team (SIT), constituted by the high court to probe the case, would continue its investigation.

The court passed the interim order while issuing notice on the Tamil Nadu government’s petition seeking the expunction of specific paragraphs of the high court’s order that held the police accountable for lapses in the case.

Senior advocates Mukul Rohatgi and Sidharth Luthra, appearing for the state, argued that the FIR leak was not the result of police misconduct but a technical glitch in the Crime and Criminal Tracking Network and Systems (CCTNS). Rohatgi explained that while the CCTNS system had mechanisms to block personal details of victims, a migration to newer criminal codes caused the unintended leak.

The counsel further emphasised that the state had promptly acted by requesting CCTNS to block all access to the leaked FIR and initiating an FIR against unknown persons responsible for the breach. Luthra added that all possible download links to the leaked FIR had been blocked to prevent further dissemination.

While defending the police, the state clarified that it was not opposing the constitution of the SIT and fully supported its mandate to investigate the sexual assault case.

Justice Nagarathna acknowledged the trauma caused to the victim due to the leak, stating that such lapses, irrespective of the reasons, had inflicted “secondary trauma” on her and her family, even as the bench decided to stay the high court’s specific directions concerning police accountability until further hearings.

The case had earlier drawn sharp criticism from the Madras high court in its December 28 order, which highlighted lapses by the police and Anna University in handling the case. The high court had directed the formation of an SIT comprising women IPS officers to investigate the incident and ordered the state to pay an interim compensation of ₹25 lakh to the victim, recoverable from those found guilty of dereliction of duty.

The court also condemned the police commissioner for holding a press conference on the case without prior government approval. The bench remarked that this was a violation of service rules and directed the state to consider appropriate action against the police commissioner.

In its order, the high court had also expressed serious concern over the insensitive wording of the FIR, which it said perpetuated victim-blaming and berated the police for portraying the victim’s actions as contributing to the assault, instead of offering her support and counselling.