The Kerala High Court on Monday dismissed the plea filed by the survivor in the actress sexual assault case, which sought an investigation by a Special Investigation Team (SIT) into the unauthorized access, copying, and transmission of the memory card containing visuals of the assault and rape in 2017.

A single bench of Justice C.S. Dias dismissed the petition as not maintainable, stating that the survivor could initiate appropriate legal proceedings according to the law.

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“Upon consideration of the facts and the exposition of the law, I am of the definite view that the relief sought in the application is substantive in nature and arises from a fresh and independent cause of action. I hold that the application is not maintainable in law. Consequently, the application is dismissed without precluding the right of the applicant to initiate appropriate proceedings in accordance with the law,” said Justice CS Dias.

Previously, the High Court had directed the District and Sessions Judge, Ernakulam, to conduct a fact-finding inquiry into the allegations of unauthorized access to the memory card and pen drive while in the custody of the Judicial First Class Magistrate Court, Angamali, and the Principal Sessions Judge, Ernakulam.

In her petition, the survivor alleged that the fact-finding inquiry was conducted secretly without her being heard. She further claimed that she was denied a copy of the inquiry report on the grounds of confidentiality and received it only following a court order. Additionally, she stated that the witness statements from the inquiry were only provided upon the court’s direction.

The survivor alleged that the denial of access to the inquiry report and witness statements indicated malafide intentions on the part of the inquiry authority until the court intervened.

In her affidavit to the High Court, the survivor, citing the inquiry report, alleged that Leena Rasheed, the then Judicial First Class Magistrate (JFCM) in Angamaly, Mahesh Mohan, a Senior Clerk of the then Principal and Sessions Judge (now a judge of the Kerala High Court), and Thajudeen, then Shirstadar of the trial court in Ernakulam, had accessed the memory card.

During the hearing, the survivor’s counsels, Gaurav Agarwal and T.B. Mini, argued that the unauthorized access and transmission violated her right to privacy and her right to live with dignity. They pointed out that the report from the Sessions Judge admitted that there was illegal access to the memory card.

The memory card, sealed by the State Forensic Science Laboratory, had been sent to the sessions court on March 3, 2017. However, it remains unclear how the seal was broken and by whom. The individuals involved in tampering with court records and accessing the videos have committed a serious offense, causing the survivor significant trauma and mental anguish, argued the counsels.

Despite the finding of illegal access, the Sessions Judge only recommended departmental action. The survivor’s counsels argued that the Sessions Judge was obligated to lodge an FIR given the gravity of the offense.