Kerala HC reserves order on Dileep's appeal against providing survivor with witness statements

Kochi: Malayalam actor Dileep has lodged an appeal before the Kerala High Court challenging a recent single-bench order directing the Ernakulam District and Sessions Judge to furnish copies of witness statements to the survivor in the actress assault case.

In a hearing presided over by Justice N Nagaresh and Justice PM Manoj, counsels representing both the actor and the survivor presented their arguments, and the court has reserved its order.

Dileep's counsel contended that the survivor cannot file interim applications in a case that was finalised on December 7, 2023. Citing Supreme Court judgments, they argued that such applications cannot be entertained once a case is disposed of, as there are no pending proceedings. It was asserted that the single judge's order was not maintainable since the judgment had reached finality.

On the other hand, Advocate Gaurav Agarwal, representing the survivor, argued that the fact-finding inquiry was initiated at her behest due to alleged violations of her fundamental rights stemming from the unauthorized access of a memory card. It was emphasized that the impugned order of the single judge, made in a writ petition under Article 226, was indeed maintainable. Additionally, it was contended that the accused has no grounds to object to the survivor receiving copies of witness statements from an inquiry conducted at her request. The single judge is scheduled to hear arguments on the maintainability of the interim applications on May 30, 2024, with the current appeal perceived as an attempt to delay relief to the survivor.

The survivor, involved in a 2017 sexual assault case, filed a plea seeking a court-monitored investigation into the alleged leakage of visuals from a memory card, which was in court custody during the proceedings. The writ petition was heard and disposed of on December 7, 2023, with directions issued to conduct a fact-finding inquiry into the allegations raised by the survivor.

The inquiry aimed to investigate the unauthorized access and transfer of visuals from the Memory Card while it was in court custody. The Court also outlined guidelines for handling sexually explicit materials to prevent leaks or transmission. However, the survivor was initially denied access to the inquiry report, leading her to petition the High Court.

In subsequent proceedings, the High Court directed the Ernakulam District and Sessions Judge to provide a copy of the inquiry report to the survivor on February 21, 2024. Following this, the survivor filed two interim applications seeking to set aside the inquiry report and obtain copies of witness statements. The High Court, through an order dated April 12, 2024, directed the provision of witness statements to the survivor, a decision now contested in the present appeal.

(With LiveLaw inputs.)