Actor Assault Case: Kerala High Court Relieves Advocate Renjith Marar As Amicus Curiae

The Kerala High Court on Wednesday relieved Advocate Renjith B. Marar, who was appointed as the Amicus Curia in the 2017 Actor Assault case to assist in the formulation guidelines to be issued to trial courts for preservation of digital evidence submitted to the courts, pursuant to his application seeking the same. 

The single bench of Justice K. Babu had, on Monday, appointed Marar as the Amicus while reserving the plea filed by the survivor seeking a court-monitored investigation into the leakage of assault visuals from the Memory Card that was kept in court custody.

The prosecution and the counsel for the survivor however raised allegations doubting Marar's neutrality in the matter. Following this, he filed the application seeking to be relieved from the position citing personal reasons.

The survivor claimed that the change in hash value of the Memory Card and the unauthorized access as revealed by the Forensic Report would amount to offences under Sections 378 (theft), 405 r/w 408 (criminal breach of trust), 411 (Dishonestly receiving stolen property), and 425 (Mischief) of the IPC and Sections 66B (Punishment for dishonestly receiving stolen computer resource or communication device), 66E (Punishment for violation of privacy), and 67 (Punishment for publishing or transmitting obscene material in electronic form) of the IT Act, 2000, and Section 119 (Punishment for atrocities against women) of the Kerala Police Act, and that the same also amounted to violation of the right to privacy of the survivor. 

"Somebody has accessed my videos illegally. I am seeking redress and find out who has accessed while it was in court custody. Your Lordships are protected with a higher right to protect my Fundamental Right to privacy. If someone has illegally accessed my videos, Your Lordship may take the strictest action," Advocate Gaurav Agarwal appearing on behalf of the survivor had pleaded.

The Court had accordingly directed Marar to submit a report on the guidelines to be evolved to prevent such unauthorized access to sexually explicit content in the custody of the courts, and for the preservation of such digital evidence. 

Today, the Court took note of Marar's submission that he had difficulty in undertaking the responsibility. 

"To avoid embarrassment to all concerned, Sri. Renjith Marar is relieved of the responsibility," the Court declared. 

The Court also disclosed that on the day it had appointed Marar as the Amicus Curiae in the matter, he had informed the Judge in his chambers regarding his inability to undertake the responsibility vested in him by the Court.

Case Title: XXX v. State of Kerala

Case Number: W.P. (Crl.) 445/ 2022