The Kerala High Court on Friday sought the State government’s response to a plea filed by the survivor in the 2017 actress assault case seeking a fresh court-monitored investigation into the alleged unauthorised access of a memory card and pen drive containing visuals of the sexual assault she was subjected to.
Justice C.S. Dias passed an interim order directing that the memory card and pen drive, which form crucial electronic evidence in the case, be transferred to the custody of the Registrar General of the High Court for safekeeping pending further consideration of the matter.
The Court observed that the survivor-actress had established a prima facie case warranting interim protection of the electronic evidence. Accordingly, it directed the District and Sessions Judge, Ernakulam, to immediately transmit the memory card and pen drive in a sealed cover through a special messenger to the Registrar General of the High Court. The Registrar General was directed to maintain the exhibits in safe custody until further orders are passed by the Court.
The petition concerns allegations that the memory card containing videos of the sexual assault was accessed without authorisation while it was in the custody of the trial court. The survivor has sought a comprehensive re-investigation into the circumstances surrounding the alleged access, copying and possible transmission of the sensitive electronic evidence.
This is not the first time the issue has come before the High Court. In 2022, the survivor had approached the Court alleging unauthorised access to the memory card. Acting on her plea, the High Court had directed a fact-finding enquiry to be conducted by the trial court to ascertain the circumstances under which the electronic evidence was accessed.
However, after the enquiry report was submitted, the survivor raised objections regarding the manner in which the enquiry had been conducted. She contended that the investigation was neither fair nor comprehensive and failed to adequately examine the serious allegations concerning the handling of the electronic evidence.
Subsequently, in April 2024, the High Court directed that copies of statements recorded during the enquiry be furnished to the survivor. At that stage, the Court had left open the question of whether a separate investigation by a Special Investigation Team (SIT) was required.
The present petition has been filed months after the conclusion of the trial in the high-profile actress assault case. In the trial court judgment, actor Dileep was acquitted, while six other accused persons were convicted. The State government’s appeal challenging portions of the verdict is presently pending before the High Court.
According to the survivor’s latest petition, forensic examinations conducted in relation to the electronic evidence revealed that the memory card containing the assault videos was accessed on three separate occasions—January 9, 2018, December 13, 2018, and July 19, 2021. During all three instances, the memory card was allegedly in the custody of the trial court.
The petition states that the possibility of the videos being copied, extracted or transmitted cannot be ruled out. It contends that any unauthorised access to such material would constitute a grave violation of the survivor’s right to privacy, dignity, bodily integrity and access to justice.
The survivor has further alleged that despite earlier directions issued by the High Court, the allegations relating to the handling of the memory card were not properly investigated. She contends that several critical aspects of the matter remain unexplored and require a specialised investigation supported by forensic expertise.
In view of these concerns, the petitioner has sought the constitution of a Special Investigation Team to conduct a fresh and comprehensive probe into the alleged unauthorised access, copying and transmission of the contents of the memory card while it remained in judicial custody. She has requested that the investigation be carried out with the assistance of forensic experts capable of examining the digital evidence and identifying the circumstances under which the alleged breaches occurred.
The petitioner has also sought a copy of the pen drive containing the video recordings of the assault.
The High Court has granted time to the State Prosecution to file its counter affidavit and is expected to take up the matter again after one month.
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