IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, V. LAKSHMINARAYANAN, JJ.
R. Varalakshmi – Petitioner
Versus
The Government of Tamil Nadu, Rep. by the Chief Secretary – Respondent
W.P. Nos. 39893, 39895 of 2024, W.M.P. No. 43221 of 2024
Decided On : 28-12-2024
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 to 5 to transfer of investigation of the case in Cr. No. 3 of 2024 on the file of the 5th respondent to the file of 8th respondent for proper investigation and file final report in accordance with law.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to transfer/hand over the investigation pertaining to FIR in Crime No. 3 of 2024 on the file of the 7th respondents 5 and 6 /Central Bureau of Investigation for investigation and further action, pursuant to the petitioner’s representation dated 26.12.2024.
| Table of Contents | |
| (I) | FACTS IN BRIEF |
| (II) | HER RIGHT TO PRIVACY. HER RIGHT TO DIGNITY. HER RIGHT TO BODILY AUTONOMY |
| (III) | LEAKING OF FIR IN PUBLIC DOMAIN |
| (IV) | LAPSES ON THE PART OF ANNA UNIVERSITY |
| (V) | CONCLUSION |
1. This Court is aware that the investigation into the criminal case is ongoing. But suddenly the FIR involved in the present case was leaked to the public domain, revealing the details of victim and the incident. Further, the Commissioner of Police, Chennai has also divulged the details of the investigation through a press conference, which has become the subject matter of debate. The investigation details ought not to have been disclosed in the public, while the investigation is ongoing, as this could hamper and obstruct the process. The leakage of FIR is a serious lapse in the investigation process and cannot be taken lightly. This gives high chances to deviate and destabilize the ongoing investigation. Hence, this Court is inclined to interfere and entertain the present Public Interest Litigations to meet the ends of justice.
2. Heard all the parties to the lis on hand.
(I) FACTS IN BRIEF:
3. On the evening of December 23, 2024 within the premises of the reputed Anna University Campus at Guindy in the heart of Chennai City and nearby Raj Bhavan, a second year Engineering Student of Anna University was allegedly sexually assaulted and raped by accused. The Inspector of Police, All Women Police Station, Kotturpuram, Chennai registered a case for the offences under Sections 63(a), 64(1), 75(i)(ii), 75(i)(iii) of the Bharatiya Nyaya Sanhita (BNS), 2023. One accused person namely Mr. Gnanasekaran was arrested, and the investigation is currently underway.
4. It is widely reported that the victim girl along with her friend were near an old building within the Anna University campus. The accused filmed the victim girl and her friend and threatened by stating that the footage will be sent to the Dean and her parents, if she failed to comply with his demands. The accused reportedly attacked the friend of the victim girl and proceeded to assault the victim girl. He threatened her with expulsion from the University by leaking the footage to the Dean or she could spend time with him and another man, who called him through phone. Under threat, the accused allegedly raped the victim girl and recorded a video of the act. Further, he took pictures of her college identity card and threatened her to oblige to his sexual demands in future. He is believed to have spoken to another person from his mobile phone. The girl stated in her complaint that the accused received a phone call from someone and he said to that person, he would leave the girl after threatening her. The student/victim girl informed the incident to the Internal Complaints Committee of the College/University, who directed her to file a police complaint. Accordingly, a Police complaint was filed with All Women Police Station, Kotturpuram, Chennai. And an FIR was registered for the commission of offence of rape and sexual assault.
5. The Police nabbed one accused namely Mr. Gnanasekaran and other suspects are still remain at large. It was reported that accused was a history-sheeter and
The court emphasized the breach of the victim's right to privacy and dignity due to the FIR leak, mandating confidentiality in sensitive cases and directing a Special Investigation Team for a fair in....
The court upheld the protection of press freedom and privacy rights, emphasizing that investigative procedures must respect journalistic integrity and not result in harassment of reporters.
Investigative reports registered by law enforcement are public documents. Accurate media reporting of such records does not inherently violate privacy rights or constitute an unfair trial, absent cle....
The main legal point established in the judgment is the need to protect the identity of victims of sexual offences, as mandated by Section 228-A of the Indian Penal Code and the guidelines issued by ....
The court ruled that procedures regarding the protection of minors' identities and appropriate investigations must be strictly adhered to, ensuring justice and safeguarding against abuses of power in....
The main legal point established in the judgment is the mandatory registration of FIR for a cognizable offence, the necessity to protect the identity of victims of sexual offences, and the requiremen....
High Court should be extremely cautious about interfering with the investigation and should not stall the investigation unless it is convinced beyond any manner of doubt that FIR does not disclose an....
The police are mandated to register an FIR upon receiving information disclosing a cognizable offence, irrespective of the credibility of the information.
Public has no right to online FIR access beyond accused, informant, or victim; restricted to sensitive cases per Supreme Court guidelines.
The main legal point established in the judgment is the need to balance the freedom of speech and expression with the right to privacy and reputation, emphasizing that the right to privacy, reputatio....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.