Kerala Actress Assault Case: Second High Court Judge Recuses from Memory Card Probe Plea

Ernakulam: A second judge of the Kerala High Court has stepped away from hearing the survivor’s petition seeking a fresh investigation into the alleged illegal access of the memory card containing visuals from the 2017 actress assault case. Justice Jobin Sebastian recused himself because he had previously dealt with administrative complaints related to the matter while serving as Registrar (District Judiciary). 

The survivor has challenged an earlier inquiry report and requested a court-monitored Special Investigation Team with cyber-forensics experts to examine whether the memory card’s contents were illegally accessed, copied, or transmitted. Forensic findings indicated that the memory card was accessed multiple times while in court custody, raising concerns about the security of sensitive evidence.  

The case will now be assigned to another bench of the Kerala High Court for further consideration. 

Legal Significance  

The case raises serious concerns about the integrity and chain of custody of digital evidence, especially when sensitive material is held under court supervision, thereby engaging the right to a fair trial under Article 21. It also underscores the need for judicial accountability and independent, court-monitored investigations when credible allegations of evidence tampering arise within the justice system itself. 

📰 Source: Media One (English)