Kerala actor assault case: HC judge recuses as victim seeks hearing by another bench

Kerala High Court judge has stepped down from hearing a petition from a victim 2017 kidnapping and sexual assault After the female actress filed a court petition on Tuesday against the judge, she appealed that her petition be sent to another court. It also alleged the interference of the state government’s political leadership in the investigation.

When the petition was filed before Judge Kauser Idabagath’s bench on Tuesday, the victim’s lawyer said the investigation included the alleged tampering and transfer of a memory card (containing images of sexual assault) kept in the lower court.

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“During the relevant period, the trial was conducted by Judge Idabaghat, who was then the chief hearing judge in Ernakulam. Hence this court may be pleased to send this subpoena to another court,” the victim stated in the petition.

Subsequently, Judge Idabagath declined to hear the petition.

The petitioner urged the court to end “unlawful interference” and ensure a full, fair and impartial investigation “without any unlawful interference from any source.” Kerala High Court Chief Justice S Mankumar will be hearing in court to hear the representative’s plea.

With the petitioner also claiming political interference, opposition leader V. with the survivor. Balakrishnan also described the petition as “ambiguous”, as it nears the date of by-election for the Thrikakara Assembly seat scheduled for next week.

The victim’s lawyer, BB Mini, denied that the petition had anything to do with the by-election. We have reached out to the High Commissioner because the time given to the investigative agency to complete the additional investigation will expire at the end of this month (31 May). The crime branch has not yet sought more time to complete the investigation.”

In her petition, the victim accused the state government of reneging on its constitutional obligation to conduct a fair, free and full investigation into the case. The petitioner alleged that “Dilib (a famous Malayalam representative who is one of the defendants in the case) illegally influenced some politicians in the ruling front and tried to interfere in further investigations and close the case prematurely.” “The Public Prosecution and the investigation agency are threatened by political officials to end the investigation halfway and present the additional final report in a half-cooked manner. This clearly establishes the relationship between the accused and the ruling front.”

She alleged that Dilip’s supporters were interfering in the case by tampering with evidence and influencing witnesses. Although the investigative agency made every attempt to investigate the role of defenders, this did not happen, because defenders have “a significant influence on the ruling government”.

The petitioner said: “It is learned that some assurances have been obtained by the defenders from the political authorities that further investigations will not reach them. So there is an agenda of the political and administrative officials that no investigation has been conducted regarding the illegal access, tampering and transfer of the contents of the memory card for reasons known to them” .

The actor, who had previously – unsuccessfully – requested the removal of a lower court judge, on Tuesday raised serious allegations against the judge – Honey M. Varghese. She said the lower court was never informed of the report about the tampering of the memory card, describing it as serious misconduct by the judge.

The representative claimed that although the Forensic Science Laboratory submitted a report of the alleged tampering to the lower court, the judge did not take any action to find out the culprit, the reason for changing the hash value and the number of tampering times. Perpetrators access to the memory card. She claimed that the judge’s behavior in this case showed that she wanted to illegally assist the perpetrators.

The High Commissioner has set a time until May 31 to complete an additional investigation into the assault case. On April 4, the investigating officer petitioned the Court of First Instance to examine the memory card of the FSL. But the petitioner said the court had not yet sent the card to the lab. She petitioned the Supreme Court requesting a temporary directive to the investigative agency not to file the final report in the kidnapping case until receipt of the report from the FSL after examining the memory card kept in the Court of First Instance.

Meanwhile, Congress leader Satisan said, “The government should investigate the serious allegations raised by the survivor. By torpedoing the investigation, the CCP-led government (m) has proven to be misogynistic.”

Balakirishan, leader of the Islamic Conference Party (M), said: “The allegations against the government are unfounded. Let the court itself examine them. It is mysterious that the petition will come when the by-elections will take place in Thrikakara.”

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