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Kerala actor assault case: HC rejects plea for fresh probe into memory card case
Justice CS Dias ruled that the relief sought in the present application are “substantive in nature and arise from fresh and independent cause of action, and are not ancillary in nature”
The Kerala high court on Monday dismissed a petition seeking a fresh probe into the alleged illegal access of a memory card, which is crucial evidence in the actor assault case of 2017, and order a probe by a special investigation team (SIT) of the police.
Justice CS Dias ruled that the relief sought in the present application are “substantive in nature and arise from fresh and independent cause of action, and are not ancillary in nature. Hence I hold that the application is not maintainable in law”.
“Consequentially, the application is dismissed, without precluding the applicant’s right to initiate appropriate proceedings in accordance with law,” the court order read.
The petitioner’s counsel argued that the memory card containing the visuals of the sexual assault of the actress was illegally accessed in January 2018 while it was in the custody of Judicial First Class Magistrate Angamaly, and again in December 2018 while it was in the custody of Principal Sessions Judge Ernakulam and after committal in July 2021 while it was in the custody of the court of special judge (SPE-CBI)-III in Ernakulam. “The illegal access and transmission of the visuals violate the applicant’s right to privacy and right to live with dignity guaranteed under Article 21 of the Constitution,” it said.
It claimed that the inquiry authority ordered by the court to look into allegations around illegal access of the memory card and pen drive conducted the probe “in high secrecy” without complying with the directions of the court, denied the applicant an opportunity to participate in the inquiry, without the involvement of any competent agencies and did not even serve the applicant a copy of the report.
The petitioner contended that a police SIT probe be ordered to find out the purpose of the unauthorised access of the memory card and to whom the copies of the files were transmitted.
While the public prosecutor underlined that the state government has no submissions to make in the matter, he said it will comply with any direction of the court. However, the counsel for actor Dileep, the eighth accused in the sexual assault case who has been accused of conspiracy among other charges, argued that the application is not maintainable in law and that it’s an “indirect and veiled attempt to challenge the inquiry report”.
In Feb 2017, the actor was allegedly kidnapped and sexually assaulted by a gang of men in a moving car between Thrissur and Kochi. The trial, which began in the Ernakulam Principal and Sessions Court, is nearing completion after missing multiple deadlines set by the Supreme Court. The sexual assault case kicked up a major storm in the Malayalam film industry, leading to the arrest of prominent actor Dileep for alleged involvement, and forcing the state government to appoint a panel headed by a retired HC judge to look at issues faced by women in the Malayalam film industry. The report, finally released to public in August this year, confirmed that sexual harassment was rampant in the industry. A slew of #MeToo complaints since then have led to FIRs being filed against prominent actors, directors and industry figures.
