The Kerala High Court on Friday requested the State’s response to a petition filed by the survivor of the 2017 actress assault case. The plea calls for a renewed, court-supervised investigation into the alleged unauthorized access to a memory card and pendrive that contain visuals of the assault. Justice CS Dias, acknowledging the strength of the survivor’s case for an interim order, instructed that the memory card and pendrive be transferred to the Registrar General of the High Court for safekeeping.
Justice Dias stated, “I am satisfied that the petitioner has made a prima facie case for an interim order. Hence, I direct the District and Sessions Judge, Ernakulam to forthwith transmit the memory card and pendrive in question in a sealed cover through a messenger to the Registrar General of this Court. The Registrar General shall keep the said exhibits in safe custody until further orders are passed by this Court.”
The survivor initially approached the High Court in 2022, alleging unauthorized access to the memory card. The High Court previously instructed the trial court to conduct a fact-finding inquiry. However, following the submission of the inquiry report, the survivor expressed dissatisfaction with the investigation’s thoroughness and fairness.
In April 2024, the High Court ordered that copies of the statements from the inquiry be provided to the survivor, while leaving open the possibility of a separate Special Investigation Team (SIT) probe. The current plea comes in the aftermath of the trial’s conclusion, where actor Dileep was acquitted and six others were convicted by a sessions court. The State’s appeal against this verdict is pending before the High Court.
The petition filed by the survivor claims that forensic examinations revealed the memory card was accessed on January 9, 2018, December 13, 2018, and July 19, 2021, all while under the trial court’s custody. The petition argues that unauthorized access could lead to copying and transmission of the visuals, constituting a significant breach of the survivor’s privacy and rights.
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The survivor contends that allegations regarding the memory card’s handling were inadequately investigated, despite previous court orders. Consequently, she seeks the formation of an SIT to conduct a thorough re-investigation with forensic expert assistance into how the memory card was accessed and potentially copied or transmitted without permission. The petition also requests access to the pendrive containing the video recordings of the assault.
The case is set to be revisited in a month, by which time the State Prosecution is anticipated to submit a counter affidavit. The survivor is represented by advocates Vrinda Grover, KV Bhadra Kumari, Rhuthunanda SB, Arunima TS, and Byja EG.
