2017 Actress Assault Case: Kerala High Court Judge Recuses From Hearing Survivor's Plea For Fresh Probe Into 'Memory Card Leak'

Kerala High Court judge Justice Jobin Sebastian on Monday (June 8) recused himself from hearing a plea filed by the survivor in the 2017 Actress Assault Case seeking a fresh and comprehensive probe by a Special Investigation Team into the alleged illegal access of the memory card that contained visuals of the assault.

Earlier when the matter came up for admission today, Justice Jobin Sebastian sought confirmation from the survivor's counsel as to whether any complaints were made at the administrative side.

"I want to verify whether have you challenged this alleged illegal access on the administrative side...Any person, who is alleged to have unlawfully accessed this memory card, has been facing any departmental enquiry now?...Any disciplinary proceedings were initiated. Whether any criminal proceedings were initiated?," the Court had orally asked.

The Court also asked about a plea filed by the survivor earlier seeking similar reliefs [W.P. (Crl.) 445/ 2022] and orally remarked:

"What is gathered from your submission is that you have already challenged this in a judicial proceeding before this Court. How it ended?...What was the order passed by the judge who considered your earlier writ petition? What is the order? From your submission, what is discernible is that you have brought this issue on the judicial side by filing a writ petition. Earlier you filed. Fact-finding inquiry was ordered. Whether that enquiry report was placed before the judge who ordered the enquiry? Whether the enquiry report was considered by the judge?...To take administrative actions."

The judge had orally remarked that the case had to be heard in detail and passed over the matter. However, later, Justice Sebastian recused from hearing the matter after noting that he was was holding charge as the Registrar (District Judiciary) when the survivor's previous counsel had filed complaint on the administrative side.

The plea filed in 2022 was disposed of by the High Court in December 2023 directing the Ernakulam District and Sessions Judge to conduct a fact finding enquiry on the allegations raised by the survivor. In the present plea, the survivor has challenged the report in the fact-finding enquiry.

In the plea, the petitioner has sought for a direction to constitute a Special Investigation Team with at-least one member with expertise in cyber / digital forensic and to conduct a time bound, effective, fair and comprehensive inquiry or investigation into the unauthorized and illegal access made to the memory card.

Notably, last year the trial court had acquitted actor Dileep an accused in the case, while finding six others guilty.

The case refers to the abduction and sexual assault of an actress in a moving vehicle in the outskirts of Cochin city that occurred on February 17, 2017. The accused persons had also taken videos of the assault and copied into a memory card, which was produced before the Magistrate Court, Aluva by one of the accused, who was later discharged.

The petition is moved by Advocates Bhadra Kumari K.V., Vrinda Grover, Rhuthunanda S. B., Arunima.T.S., Byja E.G.

Case No: WP(Crl.) 871/2026

Case Title: XXX v. State of Kerala and Ors.