Kerala High Court Quashes Case Against Cop in Walayar Rape Remarks

Kerala High Court Quashes Case Against Cop in Walayar Rape Remarks

In a significant judgment, the Kerala High Court quashed the case against the police officer for controversial remarks against the Walayar rape victims. The court found that though insensitive, comments by the police officer did not warrant criminal charges. The court also directed that the action of the media outlet, 24 News, which recorded the officer's statements without his consent and later aired them, is questionable and may be investigated.The case was of the deaths of two minor Dalit girls in Walayar Kerala hanging under suspicious conditions in 2017. A case that was branded as a suicide became a widespread outrage with allegations that both girls were sexually assaulted before their death. There was tremendous criticism of the police for botching the investigation and failing to secure any conviction. Public outcry continued to force reopening of the case. At the peak of all this emotional fervor, a police officer investigating the case was caught on a sting operation by a reporter from 24 News while making disparaging remarks about the victims. These insensitive comments by the officer-a sign of negligence and prejudice in investigation-added more fuel to the fire of public anger. Court's Decision While setting aside the case against the police officer, the Kerala High Court held that though his remarks were inappropriate, they did not reach the threshold for criminal prosecution. The court recognised that the statements were made in a personal conversation and were recorded without his knowledge or consent. It further clarified that insensitive or distasteful comments, per se, cannot form the foundation of a criminal charge unless they fall within specific legal provisions. Investigation into the Conduct of Media While the court acquitted the police officer of all criminal liabilities, it expresses apprehension in the manner 24 News channel, which secretly recorded and then telecasted the conversation. The court proposed that police may consider starting an investigation as to whether the channel has committed any illegality by recording the officer without his knowledge and then broadcasting the footage. The court insisted on responsible journalism, especially in sensitive issues like the Walayar case. It has said that while media had played an important role in bringing before the public various wrongs committed against society, it had to conduct itself within the realm of responsibilities and respect the privacy of individuals. Conclusion This Kerala High Court judgment thus draws a fine balance between upholding free speech and protecting individuals from the use of unlawful media practices. It simply reiterates that while public functionaries must be held accountable for their actions, media houses too have to adhere to legal and ethical standards in their reporting.

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