KOCHI: Justice Jobin Sebastian of the High Court on Monday recused himself from hearing the petition filed by the survivor in the 2017 actor assault case.
The survivor has sought to quash the report filed by then trial judge Honey M Varghese over the alleged illegal access to the memory card while it was in the court’s custody. She also sought a fresh HC-monitored probe by a special investigation team into the same, as well as the possible copying and transmission of the eight video recordings of the crime.
The judge recused himself as he had served as the registrar in the HC when the survivor’s previous counsel filed a complaint raising the same allegations. The petition will be placed before the chief justice to assign to a different bench.
The survivor said the findings and conclusions in the inquiry report were reached without seeking the assistance of a forensic expert or investigator. “The inquiry report, dated January 8, 2024, allegedly concluded, based on conjecture and surmise, that the video contents were neither copied nor transmitted,” her plea said.
The survivor alleged the inquiry authority did not examine whether any undue financial gains were made by those behind the alleged incident.
“As a result, the inquiry failed to rule out whether the illegal access and transport were motivated by prurient interests or intended to transmit the contents for wrongful gain,” the plea said.
