As the much-delayed trial in the Kerala actor’s abduction-rape case entered its last phase, the survivor wrote to President Draupadi Murmu saying that no action has been taken against those behind the illegal access of the memory card containing the visuals of the assault on her in February 2017. She sought the president’s intervention to ensure a proper investigation and suitable action. She pointed out that forensic tests had proven that the memory card had been accessed three times while it was in the custody of courts. The survivor said though she had approached the Kerala High Court and the Supreme Court for redress regarding this, she had been denied justice. The memory card containing eight video files is the crucial evidence in the case.
The letter is a desperate plea from the survivor to seek justice. While the trial may lead to punishment for the perpetrators and conspirators, the potential for misuse of the memory card’s contents poses a grave threat to the dignity, privacy and rights of the survivor. An inquiry conducted by the Ernakulam district and sessions judge, on the direction of the Kerala High Court, had found that three persons—a former magistrate and two court employees—had accessed the card while it was in the custody of the Judicial First Class Magistrate Court, Angamaly, and the Principal and Sessions Judge, Ernakulam. However, this October the high court dismissed the survivor’s petition for a fresh probe into the unauthorised access.
Since the survivor is an aggrieved party who could face more harm, it’s absolutely necessary to allay her concerns and ensure fairness. A proper investigation can help preserve the integrity of the judicial process, besides helping identify the culprits and determining the extent of the transmission, if any, of the videos. The inquiry report indicated that the memory card was in the personal custody of some individuals, which requires further explanation. After the inquiry confirmed the unauthorised access, the survivor said in a social media post how it’s “very scary” to know that her privacy was not safe even in a court. Her anguish is understandable. It’s shocking enough that the card was accessed while it was in judicial custody; more shocking is the fact that no one has been held accountable till now.