New Delhi: The Kerala government on Tuesday informed the Supreme Court that the memory card containing visuals of attack on the actress is a document pertaining to the case.
Requesting the apex court not to provide a copy of the memory card to actor Dileep, who is the accused in the case, former solicitor general Ranjith Kumar, who appeared for the government, sought to safeguard the privacy of the actress.
“The memory card is considered as an evidence in the case. However, the visuals inside the card are considered as documents,” argued Ranjith Kumar. He informed that these documents cannot be handed over to Dileep as they could be misused.
The apex court hearing on Dileep’s petition seeking a copy of the memory card is progressing. The actress had also approached the court against giving a copy of the memory card to Dileep. A fair trial is Dileep’s right but my privacy must be considered as well, the actress had said in the court.
Senior advocate Basanth pointed out that although the procedure is to provide the documents of the case to the accused, the special situation in this case must be considered. He argued that giving a copy of the memory card to Dileep will have serious consequences.
If the court provides the visuals to Dileep, such a decision will influence other case in the future. Even in cases pertaining to minors being subjected to sexual assault, the accused will be handed over the visuals. Hence the court must take in to consideration the victim’s privacy, which is a primary right, Basanth argued.
The court has made several interesting remarks in the case. Justice Khanwilkar had asked the actress’s advocate Basanth isn’t it necessary for the accused to have access to evidences in order to prove his innocence. The court had also asked how it can say that the documents must not be handed over.