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2024 Supreme(Mad) 1915

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

Advocates:
Advocate Appeared:
For the Petitioners: V. Jayaprakash Narayanan, S. Tamilselvan
For the Respondents: P.S. Raman, Edwin Prabhakar, P. Kumaresan, R. Muniapparaj, Babu Muthumeeran, A. Damodaran, J. Ravindran, U. Baranidaran

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 inquiry.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Transfer of investigation - The Court intervened due to the leakage of FIR details, which breached the victim's right to privacy and dignity, leading to a directive for a Special Investigation Team to ensure a fair investigation. (Paras 1, 16, 29)

(B) Right to Privacy - The Court emphasized the importance of protecting the victim's identity and dignity, condemning the public disclosure of sensitive information. (Paras 8, 13, 16)

(C) Compensation - Interim compensation of Rs. 25,00,000/- was directed to be paid to the victim for lapses by the police and the trauma endured. (Paras 29, 30)

Facts of the case:
The case involves a sexual assault on a student at Anna University, with the FIR leaked to the public, compromising the victim's identity and dignity. (Paras 3-7)

Findings of Court:
The Court found significant lapses in the investigation process and the handling of the FIR, necessitating a change in the investigative team. (Paras 19, 27)

Issues: The main issues included the breach of the victim's privacy due to the FIR leak and the adequacy of the investigation. (Paras 16, 20)

Ratio Decidendi: The Court ruled that the leaking of the FIR constituted a serious violation of the victim's rights, necessitating immediate corrective action and compensation. (Paras 16, 29)

Result: Writ Petitions disposed of with specific directions for investigation and compensation.

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

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