Kerala HC Stays Observations Of Single Bench Against Ex-DGP Siby Mathews Who Allegedly Revealed Rape Victim's Identity In His Autobiography
The Kerala High Court has stayed the observations made by single bench where it recorded that there is a prima facie case against ex-DGP Siby Mathews who was alleged to have violated Section 228A IPC while revealing the identity of the Sooryanelli rape victim in his autobiography 'Nirbhayam'.
The Court was hearing a Writ Appeal after a single judge ordered a case to be filed against former Director General of Police (DGP) Siby Mathews, following a petition by retired Deputy SP of Police K.K. Joshwa, a former junior colleague, alleging that Mathews revealed the identity of a rape victim in his book 'Nirbhayam'.
The bench comprising Chief Justice A.J. Desai and Justice V.G. Arun observed, “The observations made by the learned Single Judge recording that there is a prima facie case, in our opinion, is required to be stayed, since there would be no alternative for the investigating agency to proceed further, in accordance with law, in connection with the FIR registered in this case.”
Advocate Baiju Noel appeared for the Appellant and Advocate Nandagopal S. Kurup appeared for the Respondent.
Earlier the Petitioner K.K. Joshwa approached the High Court after his complaint was not registered at the local police station and by the district police chief. The concerned authorities acted only after the High Court's intervention.
The Court directed that there would be a stay against quashing of Exhibit 7 issued by the Police Commissioner that affirmed the investigating officer’s order saying no investigation is required.
The Court stayed the single bench's order to the extent of quashing Exhibit 7 till the next date of hearing. However, the Court said that the accused in the FIR would have the opportunity to challenge the same in accordance with the law.
The Court listed the matter for further hearing.
Cause Title: Siby Mathews v. K.K. Joshwa