Madras High Court orders SIT probe into Anna University sexual assault, directs ₹25 lakh compensation for victim

The Madras High Court on Saturday directed that a Special Investigation Team (SIT) will probe the case of sexual assault of a 19-year-old Anna University student..It also ordered the State to pay an interim compensation of ₹25 lakh to the victim for the serious lapse on the part of police in revealing her details in the first information report (FIR) published on the police website.The Court further directed the Police to provide protection to the victim and her family. A Bench of Justice SM Subramaniam and Justice V Lakshminarayan ordered formation of the SIT, comprising three officers of the Indian Police Service (IPS), after highlighting various omissions in the ongoing probe. It particularly took a serious note of the police's victim blaming the 19-year-old, after reading the FIR of the incident."Have you read the FIR? It is an example of victim blaming," the Bench told Advocate General (AG) PS Raman during the hearing today."The deplorable language of the FIR paves the way for victim blaming. It is shocking," the Court later said in its order ..The Court called it unfortunate that the leaking of the FIR itself led to victim shaming. "It has led to more mental agony for her," the Bench said..It is the incumbent duty of the State and the society to protect women, the Bench stressed as it took serious view of the way the FIR was written."This can't be done by blaming or shaming her. It is misogynistic. The Constitution doesn't differentiate between men and women and the society must feel ashamed to put down women," it observed.It further asked why a woman cannot walk alone freely, dress the way she wishes to or speak to a man without being judged."A woman must rise above societal stigma. It was never her fault, only the society's that judged her," it said..Concluding that the contents of the FIR itself breached the victim's right to dignity and her right to bodily autonomy, the Court said,"In the present case, the victim's right under Article 21 is breached and thus, the Court contemplates awarding a compensation to the victim"..During the hearing earlier, the Court said since the victim is a student and only 19 years of age, it was the duty of the police to help her. "The victim is a student..only 19 years old. Isn't it the SHO's duty to assist the victim in registering the FIR, in wording it. It reads like something that we would read in secret in the boys' hostel," it remarked.As the Court read the FIR further, it stressed that the police need to be sensitized. "You were dressed in a way to invite the assault..this is what the FIR reads like," it observed..It was hearing a batch of petitions seeking directions related to the investigation of the case.One of the petitioners is advocate Jayaprakash who is also a member of the All India Anna Dravida Munnetra Kazhagam (AIADMK).On December 25, the Chennai Police arrested a roadside biryani vendor, Gnanasekaran, for allegedly sexually assaulting the student on Anna University campus on December 23..On Friday, the Court had criticized the Tamil Nadu police for leaking FIR of the case and questioned the Commissioner of Police's statement that only accused was involved in the crime..AG Raman on Saturday explained that FIR leak had taken place due to technical issues."The unfortunate leak was due to the initial hiccups and lag faced since the system is transitioning from IPC to BNS," he said.Raman added that 14 people had accessed the entire unmasked FIR. We have tracked all of them, he told the Court.However, the Court refused to accept the explanation provided by AG."Your argument on the computer glitch due to the migration from IPC to BNS doesn't hold water. BNS came into effect in July. In these five months, how many sensitive FIRs have been uploaded?," it asked..On this, the AG said that the technical issue was fixed now, adding that the leak was not deliberate."But I want to say something from the bottom of my heart..it is not a case of a deliberate leak by the police. An effort was made by some to say the police leaked it. That's not the case."Raman further said that the while the police and the State know their responsibility to keep the victim's details safe, others also should have acted with responsibility."The citizens and the media too have such responsibility. Just because they came across her details, they needn't have posted and shared it.".In agreement, the Court said,"That's why you have the power to prosecute them."The State submitted that action will be taken."Yes that is why all of them, including the media too will have to answer," AG Raman said..On the Commissioner's press conference in which he had reportedly ruled out the involvement of more than one accused, AG Raman said media was sensationalizing the case."It is because some people were taking advantage and making it seem as if some co-accused had been let off in the case... there is no government permission needed to hold such press conferences," he added.The AG also said that that investigation is still at a preliminary stage. "We are not ruling out anything," he added.The Commissioner spoke to the press to allay the fear of the students who were being misled into believing the police was letting some accused get away, the Court was further told.Though the State said no permission was required for the Commissioner to hold the press conference, the Court directed that it must be examined whether any rules were flouted by him. "The government must examine this and initiate appropriate further action against the commissioner of police if required under relevant laws," it ordered..The Bench also asked whether the Commissioner's statement would not cloud the Investigating Officer's judgment. "If the Commissioner causally says only one person was involved, won't it cloud the judgement of the IO?".On overall crime rate in Chennai and Coimbatore, the AG submitted that the National Crime Records Bureau (NCRB) data last year showed that cities were the safest. "That is because we are good people. The State and the police can't take any credit," the Court said.Explaining his submission, AG said cases like the sexual assault of Anna University student were not rampant. He added that media has to show some restraint in such matters.While the Court agreed, it also said the media's right to free speech cannot be curtailed"Yes, they have to understand their responsibility but you can't use any propaganda to curb the press freedom.".However, the Court rejected the allegations that the accused is linked to the ruling party in Tamil Nadu."The accused is related to the DMK. He has pictures with the deputy Chief Minister on social media," Advocate GS Mani, representing the petitioners, submitted. At this, the Court said,"We go to a wedding, someone takes a picture with us, does it mean they are our acquaintances? Let the investigation go on. Such questions and answers are irrelevant."It advised against giving any political colour to the case..Meanwhile, the Court also questioned Anna University. "How was the accused allowed to enter freely?," it asked.Additional Advocate General J Ravindran said the police is investigating that aspect. "After this incident, a permanent committee has been constituted to implement safety and preventive measures for students on the campus," he added.The Court was also told that the management is in touch with the student and she is undergoing counseling."She must not suffer anymore. She must continue her studies," the Bench said. In the order, the Court directed Anna University to not charge any fees from her in the future..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.