Kerala High Court grants time for government to file statement

The Kerala High Court on Friday granted time for the government to file a statement in the plea filed by the survivor in the actor’s 2017 sexual assault case where she raised serious allegations against the state and the trial court judge, suspecting foul play in the ongoing investigation. in the case.

The case was listed before Judge Ziyad Rahman where the state requested time to file a statement. Earlier this week, the case was listed before Judge Kauser Edappagath, but the judge had recused himself from hearing the case at the petitioner’s request. The case was therefore brought before Judge Rahman the next day.

The court subsequently ordered that the defendants be added as parties to the plea while asking the state to file a statement in the case.

The petition was filed by Mini Tuberculosis Advocate alleging that the government which initially supported the petitioner’s case and authorized a fair investigation into the matter, by police officers of high integrity and politically taking credit for the investigation, has reneged on its constitutional legal commitment to conduct a free, fair and full investigation into the matter.

The survivor apprehended that the 8th defendant in the case (actor Dileep), who is very influential directly and through his sources, has illegally influenced some of the ruling front politicians and is trying to interfere with continuing the investigation into the case and prematurely closing the same.

The plea also questioned the integrity of the trial court judge, saying “the president’s act is highly suspect.” She argued that tampering with the memory card could help the accused gain an unfair advantage later in the proceedings.

As a survivor, she asserted that she has a fundamental right to a fair trial and justice as well as to know who illegally accessed the memory card and tampered with it or passed it on as it is a violation of his fundamental right to privacy. It is the duty of the court to determine how the memory card was tampered with while in the custody of the court and who the culprits are.

Even though the prosecution had approached this court with a request to extend the time fixed by this Court, it has been reliably learned that the prosecution, as well as the investigative agency, are now threatened with politicians to end the investigation halfway and file a complementary report halfway. This clearly establishes the illegal link between the accused and the ruling front, she argues.

It was further alleged that Dileep’s lawyers tampered with evidence and illegally influenced important witnesses, adding that evidence in this regard had already fallen into the public domain. There is also an agenda for senior political and administrative officials that no investigation is conducted with respect to illegal access, tampering and transmission of memory card contents are conducted for reasons better known d ‘them.

It has been argued that it is highly necessary for the court to interfere in the case to uphold the rule of law in this country and to protect the constitutional and legal right of the survivor of a heinous crime never before heard of in history. criminal case law in our country. country.

The case is now listed as June 1, 2022.

Case title: X c. State of Kerala & Ors.