2017 Actress Assault Case: Kerala High Court Warns State Of Contempt Over Delay In Probing Dileep's Media Trial FIRs

The Kerala High Court on Monday (June 29) orally warned that it would initiate contempt proceedings if there is failure to comply with its earlier direction to fast-track investigation into the FIRs registered pursuant to its order based on actor Dileep's plea alleging publication of trial details in the 2017 Actress Assault case.

Justice Jobin Sebastian today noted that a direction was passed in February 20 asking the State to complete probe, within a period of 2 months, into the 5 FIRs that were registered in 2022 itself based on the Court's order dated 18.01.2022.

The counsel appearing for Dileep submitted that final report was filed in only one of these cases, despite specific directions. 

The Court then passed an order:

"When the matter was taken up today, learned public prosecutor seeks time to file a statement regarding the present stage of the investigation. However, having regard to the fact that already this Court has directed to fast-track the investigation and complete the same within a time frame, it is apparent that the said order has not been complied so far. Hence, the public prosecutor is directed to verify why the order of this Court has not been complied so far. Post after 1 month."

The Court then orally added that it would initiate contempt proceedings if the investigation into the four FIRs is not completed by the next posting date.

During the hearing today, the Court also orally questioned,

"The accused film actor is the petitioner here? What is his grievance?...If the victim's name was published, certainly...accused's name is published so as to afford an opportunity to the public to ascertain...How publishing the trial details will affect you?...Bona fide reporting of the details of the trial, how is that an offence?"

Justice Sebastian further orally remarked that it would not be an offence if the name of the accused in the rape case was mentioned in a media report. There is no provision prohibiting the mention of the accused's name, he said. He orally added that the prohibition only applies if the accused is the father/relative of the victim or details of a teacher accused in a rape case is mentioned with details of the school.

The counsel appearing for Dileep pointed out that there was a trial court direction against publication of trial details and that was has been violated. Hearing the same, Justice Sebastian orally asked: "Why can't you approach the trial court with a contempt petition? That is the remedy."

In reply, Dileep's counsel submitted that contempt petition is already pending before the trial court.

"Anyhow, there is a direction to expedite the investigation," Justice Sebastian orally noted and directed the public prosecutor to file a report regarding present stage of investigation.

In 2022, the plea was moved by Dileep seeking an order postponing the publication of matters related to the case before the Sessions Court till the conclusion of the trial. Additionally, a directive was also sought to the State Police Chief to ensure strict compliance with the order of the Additional Special Sessions Judge prohibiting the printing and publication of proceedings of the case.

Subsequently, 5 FIRs were registered. In November last year, the High Court had sought a report regarding the progress of the investigation into the case. In December, the trial court acquitted Dileep of all charges. Presently, the State's appeal against the acquittal is also pending before the Division Bench of the High Court.

Case No: OP (Crl.) No. 23/2022

Case Title: P. Gopalakrishnan alias Dileep v. State of Kerala and Ors.