Kerala HC Orders FIR Against Retired DGP Siby Mathews for Revealing Rape Victim's Identity in 'Nirbhayam' Book

Kerala HC Orders FIR Against Retired DGP Siby Mathews for Revealing Rape Victim's Identity in 'Nirbhayam' Book

The Kerala High Court has ordered the filing of a First Information Report (FIR) against Siby Mathews, the former Director General of Police (DGP), for allegedly revealing the identity of a rape victim in his book titled 'Nirbhayam'.

The court highlighted that while the name of the victim was not explicitly mentioned, the book revealed extensive details such as the victim's parents' identities, their residence, and the school attended by the victim. This disclosure prima facie constitutes an offense under Section 228A of the Indian Penal Code (IPC).

The court's action was prompted by a petition filed by K.K. Joshua, who had previously lodged a complaint with both a local police station in the state capital and the district police chief.

The petitioner subsequently approached the High Court, which instructed the relevant authorities to review the complaint. Dissatisfied with the lack of a favorable response, he was compelled to seek court intervention to direct the police to register an FIR.

The court after hearing all the sides said, “The reference to the victim as ‘peedippikkapetta penkutti' (molested girl) alongside detailed personal information unmistakably identifies her as the rape victim mentioned in the book,” the court said.

It further added, "Therefore, the remedy of a person when his grievance, by filing or informing materials which would suggest a cognizable offence, if not acted upon by the Police Officer and the Police Superintendent is normally to approach the Magistrate seeking an investigation under Section 156(3) CrPC or else could approach the Magistrate for an enquiry permitted under Section 202 CrPC by filing a private complaint. However, it is well settled that the power of a constitutional court to order investigation is not taken away because of the availability of alternative remedy in an appropriate case of this nature where the accused is none other than former DGP of the Kerala State," the court added.
 
The court instructed the police to register an FIR and conduct a comprehensive investigation, adhering to the guidelines laid out in the Lalitha Kumari judgment. Following his voluntary retirement from service, Mathews was subsequently appointed as the chief information officer.
Share this News

Website designed, developed and maintained by webexy