2017 Actress Assault Case: Kerala HC Appoints Amicus Curiae to Address Electronic Document Security

The Kerala High Court on Monday appointed advocate Renjith B Marar as amicus curie to assist the Court in formulating guidelines that guarantee the security of electronic documents while in judicial custody.

The matter came to the Court’s attention during the consideration of a petition filed by the survivor in the 2017 actress assault case. The petitioner alleged potential misconduct in the investigation of the case, in which cine actor Dileep is a key accused.

A single bench of Justice K Babu conducted several comprehensive hearings regarding the case and reserved his verdict on Monday. Through an application filed by advocate TB Mini, the survivor contended that the advocates representing Dileep acted against ethical and legal principles by tampering with evidence and unduly influencing essential witnesses, thus interfering with the administration of justice.

The petition asserted that evidence in support of these claims has been publicly disclosed through media outlets. It was argued that the petitioner’s fundamental right to a fair trial and the right to privacy guaranteed under Article 21 of the Constitution were violated.

The plea highlighted that visual evidence of the petitioner’s assault was leaked, despite being stored on a memory card within the court’s custody, overseeing the trial proceedings. The petitioner further alleged that although the Forensic Science Lab confirmed the unauthorized leak, the trial court’s presiding officer has neither taken any action nor permitted the court staff to be interviewed by the investigating officer.

“The illicit access, tampering, and transmission of memory card contents, while the card is under the court’s custody, also invoke offenses punishable under Sections 201, 204 of the Indian Penal Code, and Section 67A of the Information Technology Act 2000. These are cognizable offenses that require police investigation,” the plea stated.

Consequently, the petitioner sought the High Court’s intervention to ensure a just and unbiased investigation and trial. During today’s proceedings, the Court acknowledged that unlike most other cases, the memory card serves as direct evidence in this instance. Consequently, Marar was appointed as amicus curie to provide recommendations for guidelines that ensure the safety of electronic documents while in judicial custody.