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SC upholds Vijay Babu’s bail, restrains social media posts on rape survivor
The Supreme Court also allowed actor Vijay Babu’s interrogation beyond the July 3 deadline set by the Kerala high court
The Supreme Court on Wednesday continued the protection from arrest for Malayalam actor-producer Vijay Babu in an alleged rape case, restraining him from putting up any social media post on the complainant, a budding female actor, and allowing his interrogation beyond the July 3 deadline set by the high court.
The Kerala high court granted anticipatory bail to Vijay Babu on June 22. However, the complainant and the state government approached the apex court challenging his protection from arrest.
“We decline to interfere with the Kerala high court order…except that we make clear that the petitioner may be interrogated beyond July 3, if necessary,” said a Supreme Court bench of justices Indira Banerjee and JK Maheshwari.
The complainant, a 25-year-old Malayalam film actor, accused Vijay Babu of sexually assaulting her on the false promise of marriage. In her complaint to the police on April 22, she alleged that she was raped by the accused first on March 16 this year and later on several occasions. Once, she was even subjected to physical torture when she resisted his attempt. The police registered the first information report (FIR) against Vijay Babu under provisions of rape (IPC Section 376), criminal intimidation (IPC Section 506) and causing hurt (IPC Section 323).
The complainant, represented by senior advocate R Basant, told the top court that soon after the registration of FIR, he fled to Dubai and disclosed her identity to the entire world in a Facebook Live, knowing fully well that this was impermissible. A separate criminal proceeding is pending against Babu for revealing the survivor’s identity. Basant said, “The victim has become a laughing stock while the accused is roaming free.”
The bench observed, “It is the most unfortunate incident that has taken place. None of us have named the victim. She does not become a laughing stock.” To assuage concerns of her safety and that of her family and other witnesses in the case, the bench imposed strict conditions in the order saying, “The respondent (Vijay Babu) shall not put up any posts about the victim on the social media.”
The court reiterated the other conditions imposed by the Kerala high court requiring the accused not to tamper with the evidence, influence any witnesses in any manner whatsoever, harass the survivor-complainant, and restriction on leaving Kerala without permission of the jurisdictional court.
The state, represented by senior advocate Jaideep Gupta, told the court that afterregistration of the FIR, the conduct of the accused has not been above board as he deleted messages communicated with the survivor on WhatsApp for the period from March 16 to 31. The prosecution found its hands tied as the high court restricted the time for interrogation from June 27 (the day he surrendered) till July 3, the state said.
Gupta told the Court that the accused initially ran away to Dubai and then to Georgia and came back only when his passport was impounded by authorities here. The top court said that the conditions imposed by the high court were sufficient to ensure the availability of the accused for investigation. Further, the bench noted that the survivor also deleted the WhatsApp messages and had knowledge that the accused was a married man.
Senior advocate Sidharth Luthra, appearing for Vijay Babu, told the court that the accused had agreed to be available for investigation and all concerns of the state and the complainant were addressed by the high court. Luthra even agreed to the court’s suggestion to modify the interrogation period beyond July 3.
Before the high court, Vijay Babu submitted that he had a consensual relationship with the complainant. He further claimed that the rape case was filed after she was replaced with another actor in a movie produced by him.
