Actor assault case: Kerala HC judge recuses from plea for re-probe into illegal access to memory card

Kochi: High court bench of Justice Jobin Sebastian on Monday recused itself from hearing the petition filed by the survivor in the 2017 actor abduction and rape case seeking a re-investigation into the alleged unauthorised access to the memory card containing visual evidence of the crime while it was in judicial custody.

While considering the survivor’s petition, Justice Sebastian orally observed that he had been serving as the high court registrar (district judiciary) when the survivor’s former counsel lodged a complaint before the district judiciary regarding the alleged unauthorised access to the memory card by certain court officials. The judge further noted that it would not be appropriate for him to hear the matter, as he had previously dealt with the issue on the administrative side. Accordingly, HC recused itself from the case and directed that the matter be placed before the Chief Justice for assignment to an appropriate bench.

The survivor has approached HC seeking a re-investigation into the matter through a special investigation team (SIT) constituted under the court’s supervision, with directions to complete the probe within a fixed timeframe. She has also sought an investigation into the possibility that the contents of the memory card were copied or transmitted and requested that the SIT include at least one member with expertise in cyber and digital forensics.

In her petition, the survivor contended that two inquiry reports submitted by the district and sessions judge had indicated unauthorised access to the memory card and the involvement of certain court officials. However, she alleged that no action has so far been taken against those responsible. She further claimed that the mobile phones allegedly used by the officials to view the visuals by inserting the memory card into them were neither traced nor seized by the authorities, raising concerns that the footage may have been copied.