KOCHI: The contradictory statements regarding illegal access of the memory card of the 2017 actor rape case in which the visuals of rape were recorded call for a serious probe. The initial inquiry report had stated that the second access of memory card which contains the visuals of rape on the actor, on December 13, 2018, was made by Mahesh Mohan, then employee of the Ernakulam District and Sessions Court, who claimed that it was carried out on the directives of the-then presiding officer.
However, the additional report states that it recorded the statement of Justice Kauser Edappagath, who revealed that he neither asked nor authorised Mahesh Mohan to take any record or memory card to his home, open it, or view it. Justice Kauser also stated that he did not keep the memory card, pen drive, or any documents pertaining to the case in his personal custody.
The additional report dated April 30, 2024 filed by District and Sessions Judge, accessed by TNIE, concludes that Mahesh’s access on December 13, 2018, at 10:58 am was without authority and constituted illegal access. Mahesh Mohan, personal assistant to the former Ernakulam Principal and Sessions Judge Kauser Edappagath, and Thajudheen K A, the former Sheristadar of CBI Court-III, where the rape case trial was conducted, are facing disciplinary proceedings initiated by the Kerala High Court over the illegal access. The internal inquiry in this regard is progressing.
The initial inquiry report was submitted on January 8, 2024, by District and Sessions Judge Honey M Varghese before the registrar (district judiciary), Kerala High Court, suggesting necessary action regarding the illegal access by Thajudheen K A.
Later, the Sessions Judge was directed to verify the authenticity of the statement made by Mahesh Mohan by recording the statement of the then District and Sessions Judge, Ernakulam, at the convenience of the judge.
The additional report stated that the Sessions Judge had recorded the statement of Justice Kauser, and he did not ask or authorise Mahesh to take any record or memory card to his home or to open it or to view it.
“The entire file including the electronic records were kept at the section concerned of the office of the Sessions Court. His lordship has not kept the memory card, pen drive or any of the documents pertaining to the case in his personal custody.
The then property clerk stated that the memory card was collected by Mahesh on September 12, 2018 as directed by the presiding judge and later it was returned to him for verification on December 13, 2018 and he verified it,” stated the report.
The report said that the Sessions Judge had already stated in the report dated January 8, 2024, that the legality of the verification can be arrived at subject to the veracity of Mahesh’s statement.
The then presiding judge denied the entire facts claimed by Mahesh. Justice Kauser Edappagath stated that he never obtained custody of the memory card or any other documents.