Madras High Court orders probe by SIT into Anna University rape case
CHENNAI: The Madras High Court on Saturday ordered the constitution of a special investigation team (SIT) comprising three women IPS officers to probe the rape of an engineering student on the Anna University premises and the leakage/disclosure of the FIR and its contents. However, the court declined to order a CBI probe as sought by the petitioners.
A special division bench comprising Justices SM Subramaniam and V Lakshminarayanan, sitting on a special session, passed the orders while disposing of two public interest litigation (PIL) petitions filed by advocate R Varalakshmi (AIADMK) and A Mohandas (BJP).
The three officers in the SIT are B Sneha Prasad, Ayman Jamal and S Brinda, currently serving as deputy commissioners of police in Chennai and Salem.
"This Court found several lapses both on the part of the police officials and the Anna University administration and formed an opinion that the investigation must be handed over to the SIT," the bench reasoned.
It said the SIT shall ensure no offenders go scot-free irrespective of their official position and social hierarchy.
Ordering the state to pay `25 lakh as interim compensation to the survivor, who was subjected to the twin trauma of sexual assault and the leak of the FIR and her identity, the court directed the university to ensure that she completes her education in the same institution without collecting fees.
The bench said the interim compensation has to be recovered from the officials who are responsible and accountable for leaking the FIR and also directed departmental action against these officials.
Action against CoP
The bench directed the state government to take a call and initiate 'all appropriate action' against Commissioner of Police Arun, if required, under the relevant law for "disclosing the vital details" of the investigation when it was in the initial stage, at a press conference, which, the court said, was unwarranted and held without getting prior permission from the government.
The court also said the comments of the CoP on the number of accused persons involved in the crime were 'prejudiced' and that it could hamper the probe.
"The complaint and the FIR could have been drafted in such a way as to protect the dignity of the victim. It is the duty of the police official receiving the complaint to assist the victim by employing language that does not infringe her right to dignity. Using words/phrases that insinuate the woman's character and berate her dignity is uncalled for. This could have been avoided by an appropriate choice of words without violating her right to dignity," the bench said.
Commenting that the university administration has paved the way for security breaches, the bench said a large number of CCTV cameras were lying dysfunctional; the inadequate positioning of guards is a matter of serious concern.
"Further, free access of third parties inside the University campus is also a security lapse at large," it said.
It wanted the internal complaints committee to be strengthened with individuals having proven expertise and efficiency.
The bench said actions of victim shaming and blaming kill the soul of a woman, and no one deserves this kind of treatment.
"It is high time that society positions itself in the shoes of a woman. Do only men have wishes here? Why can't a woman wish to fall in love without societal judgments? Why can't a woman wish to walk by herself at night without fear? Why can't a woman wish to talk to her male friends and colleagues freely without being judged? Why can't a woman wish to dress the way she wants without being shamed? It was never the fault of the woman; it has always been society that has dictated her life," it stated.
Technical Glitch caused leakage
Advocate General (AG) PS Raman, representing the state, stoutly denied the allegation that the police had leaked the FIR details. He said it was caused by a "technical glitch" as intimated by the national informatics centre (NIC) due to the transition from IPC to BNS.
The AG stated that it is the police's 'highest responsibility' to protect the confidentiality and identity of victims in crimes against women, children, and acid attacks, while emphasizing that the media and the general public also have an equal responsibility in doing so.
A separate case has been registered in this regard, and the probe is going on.
Additional Advocate General (AAG) J Ravindran, appearing for the university, said the 'government is with the victim' and provides all necessary assistance, including counselling, and holds interaction with her family members.
He said 988 CCTV cameras have been installed on the campus, of which 139 are not functioning. However, none could escape the eyes of the surveillance system.
Advocate V Jayaprakash Narayanan and GS Mani appeared for the PIL petitioners.
