The Kerala High Court on Friday (12 June) directed that the memory card and pen drive containing visuals related to the 2017 actress assault case be placed in the custody of the Registrar General of the High Court, after the survivor sought a fresh court-monitored investigation into allegations of unauthorized access to the digital evidence.
Justice C.S. Dias passed the interim order while hearing a petition filed by the survivor, who has questioned the adequacy of an earlier inquiry into the handling of the electronic records.
Background of the Case
The survivor had earlier approached the High Court alleging that the memory card containing videos of the assault had been accessed without authorization while it was in court custody. Following those concerns, the High Court had ordered an inquiry through the trial court.
However, the survivor later challenged the inquiry report, arguing that the exercise was incomplete and failed to examine key aspects of the alleged access, including the possible copying or transmission of the videos.
According to the petition, forensic examinations indicated that the memory card may have been accessed on multiple occasions while it remained under judicial custody. The plea contends that such access raises serious concerns regarding privacy, dignity, and the integrity of evidence.
After hearing the parties, Justice Dias found that the petitioner had established sufficient grounds for interim protection of the electronic records.
The Court observed,
“I am satisfied that the petitioner has made a prima facie case for an interim order.”
The judge directed the District and Sessions Judge, Ernakulam, to immediately transmit the memory card and pen drive in a sealed cover to the Registrar General of the High Court.
The Court further ordered that the digital exhibits remain in safe custody until further directions are issued.
During the hearing, counsel for the survivor argued that the earlier inquiry did not fully comply with previous court directions and was conducted without the assistance of forensic experts or investigative agencies.
The High Court ordered the transfer of the memory card and pen drive to the Registrar General for safekeeping and granted the respondents one month to file their responses to the survivor's plea seeking a fresh investigation by a Special Investigation Team (SIT).
The matter will be taken up again after the completion of pleadings.
