Kerala actor-assault case: Bhavana says 'not all citizens are equal'

“After years of pain, tears and severe mental distress, I have come to realise that not all citizens in this country are equal before the law,” Bhavana Menon, who survived Kerala’s actor-assault case of 2017, said in a long Instagram post on Sunday (December 14), two days after a trial court sentenced six people convicted in the case to 20 years of rigorous imprisonment.

The actor said that she saw a “faint ray of light” at the end of a traumatic journey that lasted eight years, nine months and 23 days — after the six were found guilty.

Also read: Kerala actress assault case: Pulsar Suni, 5 others get 20-year prison sentence

She added she was dedicating the verdict to those who had called her allegations false and the case fabricated. The actor expressed hope that they were at peace with themselves after the court's ruling came out.

First accused not her personal driver

Bhavana also reiterated that the first accused was not her personal driver, rejecting claims that have circulated since the early days of the case. According to her, the man was neither her employee nor someone personally known to her, but a person assigned by the production team of a film she worked on in 2016. She had seen him only once or twice before the incident.

Referring to the acquittal of some of the accused, she said the verdict may have disappointed many, but added that it did not come as a surprise to her. She stated that by the end of 2020, she had begun to notice what she described as unjust developments in the case’s progress. She further said that the prosecution was also aware that the manner in which the case was dealt with appeared to change when proceedings moved closer to one particular accused.

Actor repeatedly approached HC, SC

The actor said she had repeatedly approached the Kerala High Court and the Supreme Court, expressing that she had lost faith in the trial court and sought the case’s transfer from the presiding judge. All such petitions, she said, were rejected.

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In her statement, she listed several reasons for her loss of confidence in the trial court. She said her fundamental rights were not protected during the trial. She also referred to findings that a memory card, described as the most crucial piece of evidence in the case, was illegally accessed and examined three times while in court custody.

The actor further said that the first two public prosecutors appointed in the case resigned after citing a hostile atmosphere in court towards the prosecution. According to her statement, both personally told her that they believed justice should not be expected from the court due to what they perceived as bias.

Bhavana also said she had repeatedly sought a comprehensive investigation into the alleged illegal handling of the memory card. She claimed the investigation’s report was not provided despite repeated requests and was furnished only after directions from the high court.

Also read: Coimbatore gang-rape: How police tracked the accused via stolen iPhone

She said while she was pursuing legal remedies seeking a change of judge to ensure a fair trial, the accused side filed a petition seeking the continuation of the same judge. She said this reinforced her apprehensions regarding the conduct of the trial.

Letters to President, PM, CJI

The statement also noted that she had written letters detailing her concerns to the President of India, the Prime Minister, and the Chief Justice of India. She further said her request to conduct the trial as an open-court proceeding — allowing the public and the media to directly observe the proceedings — was rejected.

Also read: Actress assault case | Prosecution failed to prove conspiracy charge against Dileep: Court

Concluding her statement, the actor said she continued to believe that judges with a strong sense of justice exist. She thanked those who stood by her throughout the legal process and said she would continue to face criticism and attacks.

Dileep's former wife reacts

Reacting to the judgment, Manju Warrier, the former wife of actor Dileep, who was acquitted in the case, said that those who conspired to execute the crime—whoever they may be—are still at large, calling it an intimidating reality.

She said that if justice is to be served to the survivor, those who planned and orchestrated the crime must also be punished. This, she added, is essential to sustain public trust in the police and the legal system.

Manju said the issue goes beyond this particular case and concerns the safety and dignity of all girls and women, who should be able to hold their heads high at workplaces and in all public spaces.