Madras High Court ordered the state to pay an interim compensation of ₹25 lakh to the victim for the serious lapse on the part of police in revealing her details in the first information report (FIR) published on the police website.
Published Dec 28, 2024 | 6:11 PM ⚊ Updated Dec 28, 2024 | 6:11 PM
Madras High Court. (Wikimedia Commons)
The Madras High Court on Saturday, 28 December, during a hearing of the batch of pleas seeking a CBI probe into the Anna University sexual assault case, slammed the police and the university management for the lapses in the investigation.
Further criticising the police, the high court ordered a Special Investigation team comprising of women IPS officers to investigate the case.
The 23 December sexual assault of a student at Anna University has sparked widespread protests across Tamil Nadu, with AIADMK, BJP and other political parties demanding justice for the survivor and accountability from the DMK-led government.
As reported by Bar and Bench, it also ordered the state to pay an interim compensation of ₹25 lakh to the victim for the serious lapse on the part of police in revealing her details in the first information report (FIR) published on the police website.
Further calling out the police for the wording in the FIR, the high court told Advocate General (AG) PS Raman, “Have you read the FIR? It is an example of victim blaming. The deplorable language of the FIR paves the way for victim blaming. It is shocking.”
Justice Lakshminarayan to the AG: Have you read the FIR? It is an example of victim blaming
— Bar and Bench (@barandbench) December 28, 2024
According to the Bar and Bench, the bench further observed, “This can’t be done by blaming or shaming her. It is misogynistic. The Constitution doesn’t differentiate between men and women and society must feel ashamed to put down women. A woman must rise above the societal stigma. It was never her fault, only the society’s that judged her.”
“The victim is a student..only 19 years old. Isn’t it the SHO’s duty to assist the victim in registering the FIR, in wording it. It reads like something that we would read in secret in the boys’ hostel,” it remarked.
Livelaw reported, that the high court also remarked that the leaking of the FIR, containing the personal details of the victim has to be viewed seriously and investigated.
It said that the FIR leak was a serious police lapse that caused trauma for the victim and her family. The court added that the compensation ordered presently would not prevent the victim from seeking compensation in criminal cases.
The court added that the University should allow the victim to complete her education without collecting any fees from her including tuition fee, hostel fee, exam fee, miscellaeous fee etc. It also directed the Director General of Police to provide interim protection to the victim and her family.
Answering about the FIR leak, AG Raman on Saturday explained that it had taken place due to technical issues. However, the court asked, “Your argument on the computer glitch due to the migration from IPC to BNS doesn’t hold water. BNS came into effect in July. In these five months, how many sensitive FIRs have been uploaded?”
Raman criticised the media for posting the leaked details, he argued, “The citizens and the media too have such responsibility. Just because they came across her details, they needn’t have posted and shared it.”
The court condemned the Commissioner for holding a press meeting about the case without prior government approval, stating that no rules allowed such an action. It criticized the meeting and urged the government to investigate and take appropriate action if needed.
Responding to the same, AG Raman said, “It is because some people were taking advantage and making it seem as if some co-accused had been let off in the case… there is no government permission needed to hold such press conferences.”
The bench also asked whether the Commissioner’s statement would not cloud the Investigating Officer’s judgment.”If the Commissioner causally says only one person was involved, won’t it cloud the judgement of the IO?”
The court also questioned Anna University, on Friday, the court questioned, “And what about the lapses on part of the Anna University? Something happened inside your campus..even the police required your permission to enter your campus but a miscreant was allowed to roam freely in your campus.”
In response, Additional Advocate General J Ravindran stated that the police are investigating the matter and added that a permanent committee has been formed to implement safety and preventive measures for students on campus.
(Edited by Sumavarsha Kandula)
