Chennai: The Madras High Court has taken decisive action in the wake of the sexual assault of a student on the Anna University campus, setting up an all-women Special Investigation Team (SIT) to ensure a fair and thorough probe. The court’s intervention comes amid allegations of police inefficiency, political interference, and a biased investigation that sparked widespread outrage.
Formation of SIT and Court Directives
A division bench comprising Justice SM Subramaniam and Justice V Lakshminarayanan held a special sitting on Saturday, despite the Christmas holiday, to address public interest litigations (PILs) filed by AIADMK lawyers R Varalakshmi and A Mohandoss. The court ordered the creation of an SIT comprising senior women IPS officers, including Deputy Commissioners of Police (Dy.CoP) Bhukya Sneha Priya, S. Brinda, and Ayman Bhukya.
The bench criticised both the police and Anna University for their lapses in handling the case. It directed that the SIT investigate the incident earnestly, ensure no offender escapes accountability, and file charge sheets in all related cases. “No offender should be allowed to go scot-free irrespective of their status, position, or otherwise,” the court remarked.
Compensation and Support for the Survivor
In a significant move, the court ordered Rs. 25 lakh compensation to the survivor and her family for the trauma they endured, including the unauthorized disclosure of sensitive details from the FIR. The bench directed that this amount be recovered from the salaries of the officers responsible for the FIR leak. Additionally, Anna University was instructed to allow the survivor to continue her education, waiving all fees, including tuition and hostel charges, to support her academic pursuits.
Criticism of Police and Administrative Failures
The High Court strongly condemned the police for leaking sensitive information, including the victim’s identity, residential address, and mobile number, in violation of legal provisions. “The leakage of the FIR is a serious lapse in the investigation process and cannot be taken lightly,” the court noted. It also criticized the Commissioner of Police for holding a press conference discussing the case without obtaining prior government sanction, deeming it a breach of service rules.
The court’s observations extended to the failure of local authorities to monitor the accused, Gnanasekaran, a history-sheeter with multiple pending criminal cases, including similar sexual assault charges. The bench highlighted the lack of surveillance on the accused, who had reportedly entered the university campus on multiple occasions without restriction.
Background and Legal Action
The court’s involvement began on December 27, when it took suo motu cognizance of the case following an advocate’s request. Advocate R Varalakshmi, citing the gravity of the crime, prayed for judicial intervention due to concerns over the impartiality of the ongoing probe. She pointed out that Gnanasekaran’s political connections and prior roles in the ruling party had allegedly influenced the investigation.
The court observed that the FIR filed in the case was poorly worded and failed to protect the victim’s dignity, thereby exacerbating public outrage. It further noted that the crime, which occurred within the prestigious Anna University campus, had sparked protests by students, faculty members, and the general public, demanding accountability and action.
Accountability for Past Incidents
The bench also took note of prior incidents of misconduct reported on the Anna University campus, emphasizing the need for stricter security measures and accountability. “Several such untoward incidents occurred inside the campus during earlier occasions. The failure of authorities to act decisively has contributed to the current situation,” the court stated.
Tamil Nadu Governor RN Ravi visited the university following the incident, engaging with students and listening to their grievances. His visit underscored the seriousness of the matter and the demand for systemic reforms to prevent such crimes in the future.
Court’s Expectations from the SIT
The High Court expressed hope that the all-women SIT would conduct a transparent and unbiased investigation, ensuring justice for the survivor. The judges emphasized the importance of maintaining confidentiality in ongoing investigations to prevent any attempts to derail the process. “The investigation details ought not to have been disclosed in the public domain while the investigation is ongoing, as this could obstruct the process,” the court stated.
Court’s Observations and Directives
In a strong message, Justice Subramaniam stated, “It is the incumbent duty of the State and society to protect women. This shall not be done by blaming her, shaming her, and accusing her. She has all the rights guaranteed to her by the Constitution.” Highlighting the societal prejudices faced by women, he questioned:
“Why can’t a woman wish to fall in love without societal judgments? Why can’t a woman wish to walk alone at night without fear? Why can’t a woman talk to her male friends freely without being judged? Why can’t a woman dress as she wants without being shamed?”
The court criticized the police for leaking the First Information Report (FIR), which revealed the victim’s identity and used derogatory language that amounted to victim-blaming. Justice Subramaniam noted, “The language employed in the FIR is shocking, berating the victim’s dignity and insinuating her character. This is uncalled for and deeply deplorable.”
The bench ordered that the identity of victims in such cases should not be disclosed in any circumstances. It directed police officers to use pseudonyms while documenting or discussing cases and mandated that FIRs in sexual assault cases must not be made public.
Tamil Nadu Governor RN Ravi visited the university on December 28 to review campus security measures and interact with students and officials. The National Commission for Women (NCW) has also stepped in, with chairperson Vijaya Rahatkar forming a two-member fact-finding committee. The committee, comprising NCW member Mamta Kumari and Maharashtra’s former DGP Praveen Dixit, is scheduled to visit Chennai on December 30 to investigate the incident and the FIR leak.
