Kerala HC Registrar to safekeep memory card with alleged leaked visuals of 2017 actress assault

The Kerala High Court on Friday sought the State's response to a plea 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 pendrive containing visuals of the sexual assault she was subjected to.

Finding that the survivor-actress had made strong enough prima case to justify an interim order, Justice CS Dias directed that the memory card and pendrive in question be transferred to the Registrar General of the High Court for safekeeping.

"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 Court said in its order.

The survivor had first approached the High Court in 2022 alleging unauthorised access of the memory card.

The High Court then had directed a fact-finding enquiry to be conducted by the trial court. However, after the enquiry report was submitted, the survivor raised objections to the manner in which the investigation was conducted, claiming that the probe by the trial court was not done in a fair and complete manner.

In April 2024, the High Court had directed that copies of the statements recorded during the enquiry be furnished to the survivor, while leaving open the question of whether a separate probe by an SIT was required.

The present plea comes months after the trial in the sensational case concluded with the acquittal of accused actor Dileep and the conviction of six others by a sessions court.

The appeal by the State against the same is currently pending before the High Court.

According to the present petition filed by the survivor-actress, forensic examinations revealed that the memory card containing videos of the sexual assault was accessed on three separate occasions - January 9, 2018, December 13, 2018 and July 19, 2021. The card was in the custody of the trial court at that time.

The petition stated that the possibility of copying and transmission of the videos could not be ruled out and that such unauthorised access would amount to a serious violation of the survivor's privacy, dignity, and right to justice.

According to the petition, the allegations relating to the handling of the memory card were not properly investigated despite earlier directions issued by the Court.

Hence, the actress has sought the constitution of an SIT to conduct a comprehensive re-investigation with the help of forensic experts into the circumstances under which the memory card was accessed, copied, and transmitted without authorisation while it was in the custody of the trial court.

She has also sought a copy of the pen drive containing the video recordings of the assault.

The petition will be heard again after a month by which time the State Prosecution is expected to file a counter affidavit.

The survivor was represented by advocates Vrinda Grover, KV Bhadra Kumari, Rhuthunanda SB, Arunima TS and Byja EG.