Can’t spare woman judge, HC tells actor

A senior male judge will hear the sensational female actor abduction and rape case in Kochi.

The Kerala High Court has refused to consider the plea of the woman actor, reportedly raped inside a moving car, for a woman judge to hear the case. The alleged incident took place in February last year. She had also sought a special court for speedy trial.

Investigators had arraigned actor Dileep, along with others, as an accused in the case, which attracted widespread attention.

The woman actor had earlier approached Chief Minister Pinarayi Vijayan with the request and he forwarded the request to the Kerala High Court.

Judicial sources said it was unusual for a witness, who is also the victim in the case, to seek a woman judge and a special court to consider the case, though at times the court receives request for speedy trial of cases.

The request for a woman judge could not be entertained due to non-availability of women officers. Of the two available in the district, one was awaiting her transfer to another district and the other one was the presiding officer of a CBI court and she cannot be spared, sources said.

Moreover, the Kerala High Court had earlier issued an internal memorandum directing that the senior-most Principal District and Sessions Judge should hear the controversial cases. Probably, Kauser Edappagath, senior Principal District and Sessions Judge, Ernakulam, will consider the case.

The schedule of the trial, to be held in-camera, would be fixed by the judge. The doors and windows of the court room would be shut during the trial. There would be a ban on the media reporting the trial, sources said.

The victim had sought speedy trial as she apprehended that the witnesses would be won over by the accused, who were rich and powerful. On that prayer, the High Court issued instructions to try the case expeditiously, sources said.

However, the judge was unlikely to exclusively devote his time for the woman actor case as he also doubles up as the judge considering the offences against Scheduled Caste and Scheduled Tribes. The judicial officer with supervisory and administrative responsibilities also functions as State Transport Appellate Tribunal, sources said.

The request for the special court could not be entertained as the Special Court in Ernakulam for trying offences against women and children was already overloaded, sources said.