Anna University sexual assault case: Madras HC forms all-woman SIT, orders Rs 25 lakh compensation for victim

Chennai: Stepping in, the Madras High Court on Saturday constituted an all-woman Special Investigation Team (SIT) of three IPS officers to probe two cases relating to the sexual assault of a student at the Anna University and subsequent leak of the FIR as it came down heavily on the Chennai Police for its handling of the matter.

Criticising Greater Chennai Police Commissioner A Arun for revealing key facts of the sensitive case at a press conference on Thursday, a vacation bench of justices S M Subramaniam and V Lakshminarayanan asked the Tamil Nadu government to examine the issue and initiate all appropriate actions against the Additional DGP-rank officer, if required under law.

The court, while hearing two petitions seeking a CBI probe, also asked the Tamil Nadu government to pay Rs 25 lakh as compensation to the girl for the trauma she went through due to leak of the FIR which gave away her details and directed Anna University to sponsor the education of the survivor for not ensuring her safety on the campus.

The court, while asserting that the leak of the FIR did pave way for victim shaming, maintained that no woman deserves this kind of treatment and opined that every man should be taught to respect a woman, rather than teaching the woman as to how to behave.

“We have perused the copy of the FIR and found it is not properly worded and the contents in the FIR failed to protect the dignity of the victim girl,” the bench said, adding that the FIR could have been drafted in a way it protected the dignity of the survivor.

The court underlined that it is the duty of the police official receiving the complaint to assist the survivor by employing a language, which does not infringe her right to dignity.

Disclosure of “vital information” regarding the scene of crime by the Commissioner before the media would “undoubtedly” cause prejudice to further investigation, the court observed and held that the Investigating Officer (IO) may not be in a position to conduct further investigation in a free and fair manner.

“Thus, a change of investigation from the subordinate officials of the Commissioner of Police, Chennai becomes inevitable,” the court said, while appointing Dr Bhukya Sneha Priya, Ayman Jamal, and S Brinda as members of the all-women SIT.

The SIT should not allow any offenders to go scot-free “irrespective of their official position and how high they are in the society,” the judges said.

Contending that the FIR leak has not only breached her right to privacy but also attacked her right to dignity, the court observed that the major lapse will amplify fear and anxiety among survivors of such heinous crimes leading to hesitation in coming forward to report such crimes.

“Further, the details of the victim being leaked can disrupt their social life and may also hamper the investigation process, as there is scope for victim harassment and intimidation. This will have a chilling effect and would embolden the offender to repeat the crime against women in the society. Moreover, it can sabotage the investigation,” the court observed.

Appreciating the survivor for exhibiting courage in coming forward to file a complaint, the court held that the University has been wronged by not being adequately protected within its premises. The court also directed the university to provide counselling to the victim girl and encourage her to pursue her studies and complete the course.

The court also directed the Chief Secretary and Home Secretary to conduct a departmental inquiry regarding leaking of FIR and initiate departmental disciplinary proceedings against officials responsible and accountable for lapses, negligence and dereliction of duty under relevant service rules.

The sexual assault of a student inside a “protected campus” triggered a massive outrage with Opposition parties like the AIADMK and BJP viewing the incident as yet another instance of the “deteriorating” law and order situation in Tamil Nadu.

Anna University is the premier engineering institute in the state and its campus is spread over hundreds of acres of land in upscale Guindy.