HC disposes of plea for action against officials revealing victim’s name

Justice GK Ilanthirayan, before whom the plea came up on Monday, directed the petitioner to approach the concerned magistrate court as per the available provisions if the police failed to register a complaint.

However, the judge offered the petitioner the liberty to move the High Court after exhausting the process of approaching the Magistrate court in this regard.

A P Suryaprakasam, an advocate at the High Court, submitted that the Supreme Court had categorically held that none can either print nor publish the names and identity of the victims of sexual abuse in any manner. Any contravention is punishable with imprisonment up to two years and fine, the petitioner pointed out in the plea.

But contrary to such standard operative procedure for investigation of crime against women that is in force, the Coimbatore District Superintendent of Police R Pandiarajan and Home Secretary Niranjan Mardi have not only revealed the name of the victim girl but also exposed the name of the college. While the SP had revealed the survivor’s name at a press conference, the Home Secretary had revealed the girl’s name in a Government Order issued on March 13.

Also, noting that a constitution bench of the Supreme Court had held that any person can set the criminal law in this regard into motion, the petitioner submitted that a complaint was sent to the DGP on March 15 seeking to register a complaint against the two officials and investigate it under Section 228(A) of the IPC, which is a cognisable offence.

But failing to get a response from the DGP, there was no choice but to approach the High Court, the petitioner said.

However, Public Prosecutor A Natarajan submitted that as per available provisions, the petitioner should have approached the magistrate court instead of the High Court. Conceding to this submission, Justice Ilanthirayan disposed the plea.

In an earlier order, the Madurai bench of the Madras High court had come down heavily on Tamil Nadu government for its callousness in handling the Pollachi sexual harassment case. The court ordered the government to pay Rs 25 lakh to the victim as compensation, after it revealed her name in an order on Wednesday transferring the case to the CBI.The court has also directed the government to take disciplinary action against Pandiarajan for disclosing the number of videos and number of accused, in the preliminary stage of the investigation, in a press conference.

Law prohibits the publishing of any detail that may help in identifying a sexual assault/harassment, rape victim.

The court has asked the government to withdraw the said order transferring the case to CBI and release a fresh one without revealing the identity of the victim.