Walayar rape case: SC issues notice on petition challenging cancellation of charges against MJ Sojan

New Delhi: The Supreme Court has issued a notice regarding a petition challenging the cancellation of charges against MJ Sojan, the former investigating officer in the Walayar rape case, who allegedly made defamatory comments about the young victims. The notice was issued in response to a petition filed by the mother of the two girls involved in the case and was directed at the state government as well as other respondents, including Sojan himself. The notice was dispatched by a bench comprising Justices Sanjiv Khanna and Sanjay Kumar.

Senior Advocate R Basant, representing the victims' mother, argued in court that Sojan, in his capacity as an investigating officer, committed a grave wrongdoing. Basant strongly criticised Sojan’s alleged comments, expressing shock that such remarks could be made by someone in a position of authority. However, the Supreme Court noted the importance of understanding the context in which Sojan spoke to the media and pointed out that the intent behind his remarks would be relevant to the investigation.

The Supreme Court further remarked that if an investigating officer knowingly makes defamatory statements while aware he is speaking to a journalist, this could constitute grounds for dismissal from service. The court stressed that such actions from officers in positions of responsibility should not be taken lightly.

The bench also questioned why there had been no legal proceedings against the journalist and media house that disseminated Sojan’s alleged remarks, including on social media platforms. The court observed that broadcasting defamatory content is an offence in itself and suggested this aspect required closer scrutiny. Senior Advocate R Basant assured the court he would bring this issue to his client’s attention for further action. 

According to the petition, MJ Sojan reportedly implied that the young victims are also responsibile for the exploitation they suffered. This statement was broadcasted by a media outlet, sparking outrage. The victims' mother highlighted in her complaint that Sojan’s remarks suggested the girls somehow “enjoyed” the abuse.