Anna varsity case: Madras HC forms all-women SIT; free education, Rs 25 L for survivor
Court says CP's comment to media that only one accused was involved in the crime “prejudiced and hampered” probe, govt free to initiate action against top cop
The Madras High Court, while coming down heavily on the Chennai Police for the FIR leak, has constituted an all-women Special Investigation Team (SIT) to probe the Anna University sexual assault case.
The members of the SIT are IPS officers B Sneha Prasad, Ayman Jamal, and S Brinda, currently serving as DCPs at the Anna Nagar branch of Greater Chennai Police, at the Avadi Commissionerate, and in Salem City, respectively.
Rs 25 lakh for trauma, free education
A vacation bench of Justice SM Subrabaniam and Justice V Lakshminarayanan on Saturday (December 28) ordered a compensation of Rs 25 lakh to the survivor for the trauma caused to her due to the FIR leak.
Also read: Anna University rape | 'Accused had a habit of taking students' photos'
The court also directed the university to provide her with free education and boarding and ensure that she continues her education.
It said the Tamil Nadu government was free to initiate action against the Commissioner of Police for revealing the details of the investigation to the media at a press conference.
Court refuses to order CBI probe
The orders were passed on a suo motu plea initiated by the court while disposing of two PIL petitions filed by advocate R Varalakshmi for the AIADMK and A Mohandas for the BJP.
However, the bench refused to order a CBI probe as the petitioners sought.
Wondering about the necessity of disclosing sensitive facts in public when the probe was not yet over, the court said the comment of the CP that only one accused was involved in the crime “prejudiced and hampered” the probe.
Also read: Anna varsity sex assault: TN govt dismisses Oppn charge that accused was DMK member
FIR leak due to “glitch”
Advocate General PS Raman denied the charge that the police had leaked the FIR. He claimed it was caused by a “glitch” in the online portal for FIR upload — maintained by National Informatics Centre (NIC) — due to the transition from IPC to BNS.
He submitted that the FIR was blocked within a few seconds after upload, but by then, 14 people had accessed the document and that they had been tracked through their IP addresses. A separate case has been registered against them and the probe is on, the AG added.
However, the bench was not impressed. “This does not hold water. The migration happened in July, now we are in December,” it pointed out.
FIR a case of “victim blaming”
The court was also miffed with the contents of the FIR. “Have you read the contents of the FIR? It is literally victim blaming. It is like blaming a woman’s dress for rape,” the bench said.
The AG argued that the press conference was conducted only because the media was “sensationalising” the issue.
Also read: Anna varsity rape: After dumping footwear, Annamalai flogs himself in protest
While admitting that the police have the “highest responsibility” to protect the confidentiality and identity of victims in cases of crimes against women, children, and acid attacks, he also asserted that the media and the public have an equal responsibility to protect their identities.
Press freedom can’t be curbed: HC
The court then wondered whether the CP was responding to every issue in the same manner. “Are you carried away by the media?” the court remarked.
It further said that press freedom cannot be curbed but the government is free to take action if they violate any law.
When the AG tried to argue that of all the major cities, Chennai and Coimbatore are the safest, according to an NCRB report, the court said, “It is because the people are good. The state cannot take credit for it.”