Kerala HC Stays Single Judge's "Prima Facie" Finding Of Ex-DGP Revealing Rape Victim Identity, Says Police Will Be Forced To Proceed Against Him

The Division Bench comprising Chief Justice A J Desai and Justice V G Arun said if the observation is not stayed, "there would be no alternative for the investigating agency to proceed further, in accordance with law, in connection with the FIR registered in this case."

The Court also stated that the former DGP was free to approach the concerned jurisdictional Court to challenge the FIR registered against him pursuant to the judgement of the single judge. "It would be open for the appellant, i.e. the accused in the FIR registered subsequent to the impugned judgment passed by the learned Single Judge, to challenge the same, in accordance with law", said the Court

The State Government had entrusted the investigation of the Sooryanelli case to a Special Team led by Siby Mathews. After demitting office on superannuation in 2011, Mathews wrote his autobiographical novel describing the experiences of an IPS officer.

The allegation is that his autobiographical novel contains a chapter captioning 'Sooryanelli case', has used terms like 'peedippikkapetta penkutti' meaning sexual assault victim and it indirectly discloses the victim's identity by mentioning her parent's details.

In the appeal, he contended that the complaint against him was investigated by the Assistant Commissioner pursuant to the orders of the City Police Commissioner and no prima facie case was made out against him. Thus, Exhibit P7 was issued by the Police Commissioner, affirming the investigating officer's order saying no investigation is required.

The High Court has stayed the single bench order in so far as it quashed Exhibit P7, till the next date of hearing.

The matter is now listed on August 12.

The plea has been moved by Advocate M Baiju Noel

Case Title: Siby Mathews v K K Joshwa and Others

Case Number: WA 841/2024

Click here to Read/Download the Interim Order