The Madurai Bench of the Madras High Court on Friday directed the State to withdraw the Government Order (G.O.) on transferring the Pollachi sexual assault case to the CBI and issue it afresh without revealing the identity of the complainant.
A Division Bench of Justices N. Kirubakaran and S. S. Sundar observed that the G.O issued revealed the name of the victim and her college, apart from her brother’s name. Pulling up the authorities concerned responsible for revealing the girl’s identity, the court said they could be proceeded against.
The court held that it was appropriate for the State to take action against the Superintendent of Police, Coimbatore, for his irresponsible conduct of revealing the name of the victim.
It is unfortunate that the Superintendent of Police has disclosed the number of videos received and the number of accused even in the preliminary stage of investigation. The purpose of non-disclosure has not been understood by the officials. The victim gave the complaint with a hope that her identity would be protected. The police have failed to protect the girl’s identity by disclosing the same to the media.
“The cries of the victim are still echoing in our ears. If the identity of the victim is revealed, how will any one come forward against such atrocities”, the court asked.
The court said the incident had sent shock waves across the country. “Let it be an eye-opener. Such incidents should not happen again,” the court said and directed the State to give psychological counselling to the victims, without the knowledge of the others preferably outside Pollachi, so that their identity is protected.
The court suo motu impleaded the Internet Service Providers Association of India and directed them to prohibit the circulation of the videos in connection with the case. It directed the Centre and the State to sensitise public to the advantages and the disadvantages of the usage of Internet.
Both the Centre and the State are duty-bound to sensitise the public through short films, films and pamphlets the dangers of cyber crime and mooted the introduction of chapter on cyber crimes at school and college levels. The public are also expected not to share such offending videos. Therefore, the State shall advertise that sharing and forwarding of such videos was an offence, the court said.
Recommending a compensation of ₹25 lakh to the victim, the court asked the Centre and the State to respond if a ‘One Stop Centre’ was set up to counsel such victims as per the guidelines of the Supreme Court.
“Though for the main prayer (direction to restrain the circulation of such videos on social media), it is appropriate to direct the Registry to place the matter before the Chief Justice to get orders regarding the listing of the matter”, the court said.
The court was hearing a public interest litigation petition filed S. Ilamuhil from Tiruchi, who sought an order restraining the spread of the video on social media. Further, he sought a direction to set up Special Investigation teams in each district to investigate such specific cases and one stop centres for counselling victims.