Actor assault case | Kerala HC directs sessions judge to give survivor statements of those examined during inquiry into memory card access

Kerala High Court directs Ernakulam District and Sessions Judge to give the survivor forthwith certified copies of the statements of those examined during the inquiry into the allegation of unauthorised access made to the memory card containing videos of the alleged sexual assault and copying and transmission of its contents while it was under the custody of the courts.

The Kerala High Court on April 12 (Friday) directed the Ernakulam District and Sessions Judge to give the survivor forthwith certified copies of the statements of those examined during the inquiry into the allegation of unauthorised access made to the memory card containing videos of the alleged sexual assault and copying and transmission of its contents while it was under the custody of the courts.

Justice K. Babu passed the directive while allowing a petition filed by the survivor against the refusal by the district judge to provide the certificate copies to her. The sessions judge rejected her request on the grounds that she had already addressed the High Court seeking action based on the findings of the inquiry.

The court noted that it never intended that the report of the fact-finding inquiry should be kept confidential. The petitioner has the right to know the statements given by various persons in the course of inquiry to ascertain the veracity of the statements.

When the petition came up for hearing, counsel for actor Dileep opposed the petition on the grounds that it could not be entertained as the main case had already been disposed of. The admission of the petition would not amount to a revival of the proceedings. Therefore, the objection raised by the counsel was not tenable, the court observed.

Meanwhile, the court adjourned to May 30, 2024 hearing on the question of maintainability of another petition by the survivor seeking to quash the inquiry report of the sessions judge and order a fresh probe by the special investigation team of the police into the allegation, under the supervision of the court.

According to the survivor, the inquiry has revealed that three persons – a former Angamaly Judicial First Class Magistrate and two court employees – had illegally accessed the memory card. However, the inquiry report was not legally sustainable. The sessions judge had not allowed her to participate in the inquiry as directed by the High Court.

The counsel for actor Dileep argued that the petition was not maintainable as she sought relief in a case which had already been disposed of.