Survivor Objects To Dileep Impleading In Her Plea Before Kerala High Court Seeking Fair Investigation In Actor Assault Case

The survivor in the 2017 actor sexual assault case has filed an objection before the Kerala High Court against the impleading petition filed by actor Dileep in her plea where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case.In her objection, the survivor has contended that the plea was filed to prevent any interference of the actor in the ongoing investigation and that impleading him in the petition would defeat the entire purpose of the case. "If the concerned person is impleaded in a petition where the petitioner has apprehension that investigation at that aspect is not fair, the purpose of this petition will be defeated/ruined."It was also submitted that there was an apprehension that the actor wanted to get impleaded in the petition only to 'get the threads of the investigation'.She added that the accused has no legal right to devise the investigation against him as he pleases."Further investigation is equal to investigation. There is no legal right to the accused to be heard and allowed to design the investigation of his choice," reads the application. As such, the survivor has objected to the impleading petition filed by Dileep, and thereby sought its dismissal. When the case was taken up today, Advocate T.B. Mini appearing for the survivor had sought an adjournment citing that the result of the forensic examination of the memory card (which allegedly contains the visuals of the assault) will only come next week.Justice Bechu Kurian Thomas asked the relevance of the same with this case but proceeded to adjourn the case as requested by the counsel. The Court also orally remarked that the petition had raised grave allegations and that the counsel should be cautious of the same."You have raised serious allegations in your petition. Be wary of that. Whether these allegations are unnecessary or not will be decided after hearing the case."The matter will now be taken up next Friday.Initially, the matter was listed before Justice Kauser Edappagath, but the Judge recused from hearing the matter. The case was listed before Justice Rahman thereafter. Subsequently, it was linked with another plea filed by the Crime Branch which was heard by Justice Thomas. Later on, however, the survivor's plea was delinked from the batch. The petition alleges that the Government which supported the cause of the petitioner at the initial stages and allowed a fair investigation in the case, by police officers of high integrity and took credit for the investigation politically has backtracked from its constitutional legal commitment to conducting a free, fair and complete investigation in the case.The survivor has a bonafide apprehension that the 8th accused in the case, actor Dileep who is highly influential directly and through his sources has unlawfully influenced some of the politicians in the ruling front and is attempting to interfere with the further investigation in the case and prematurely close the same.The plea has also questioned the integrity of the trial court judge saying that "the act of the presiding officer is highly suspicious." She argued that the tampering with the memory card may help the accused take undue advantage in the further proceedings.Being the survivor, she asserted that she has the fundamental right to get a fair trial and justice as well as to know who has illegally accessed the memory card and tampered with or transmitted it as it is a violation of her fundamental right to privacy. It is the duty of the court to ascertain how the memory card was tampered with while in the custody of the court and who are the culprits."The conduct of the presiding officer in obstructing the investigation in this matter clearly shows that she wants to illegally help the culprits. Her (trial court judge) conducts in this regard if condoned or tolerated will be a disgrace to the judicial system which assures equal protection under the law," reads the plea.Even though the prosecution had approached this court with a petition to extend the time limit fixed by this Court, it was reliably learned that the prosecution, as well as the investigation agency, are now threatened by political higher-ups to end the investigation halfway and file an additional report in a half-cooked manner. This clearly establishes the illegal nexus between the accused and the ruling front, she submitted.It has been further submitted that against all ethics and legal norms, Dileep's lawyers interfered with the administration of justice by tampering with evidence and illegally influencing the material witnesses and evidence in this regard has already come into the public domain.She argued that though the investigating agency has made all its attempts to investigate the role of the said Advocates, the same was not successful as the senior counsel and his associates have substantial influence with the ruling Government and it is learnt that some assurances were ...

Survivor Objects To Dileep Impleading In Her Plea Before Kerala High Court Seeking Fair Investigation In Actor Assault Case

Hannah M Varghese

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