KOCHI: The trial in the actor rape case took nearly 9 years, during which the survivor fought relentlessly for justice. One of her key battles followed the revelation that the memory card containing visuals of her sexual assault, kept in the custody of various courts, was accessed without authorization.
After receiving the fact-finding enquiry report on the alleged incident, the survivor wrote on Facebook that it was ‘unfair and shocking' and posted that privacy is a fundamental right. She said the repeated change in the hash value of the memory card kept at the court violated her fundamental rights guaranteed by the Constitution.
The survivor approached the high court seeking a police probe into the illegal access of the memory card, but the court dismissed her interlocutory application, saying it was not maintainable in law because the relief sought was substantive, arising from a fresh cause of action and not ancillary. The bench said she is still free to pursue appropriate proceedings under the law.
The high court had also considered the privacy issue when it ordered the fact-finding enquiry into the illegal access of the memory card.
On three occasions, the memory card was connected to computer systems installed with devices capable of copying, transferring or mutating the electronic record and the necessary conclusion is that the court failed to protect the survivor's interest, resulting in a violation of her fundamental Constitutional right. The survivor alleges that the contents of the video footage were copied and transmitted and the emotional and psychological harm she suffered is beyond imagination, stated the HC order for the fact-finding enquiry in Dec 2023.
The principal sessions judge conducted an enquiry and submitted a report, which revealed that a former magistrate at Angamaly JFMC, a senior clerk and a sheristadar had accessed the memory card.
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