Naming sex abuse victim: PIL seeks FIR

  • | Sunday | 24th March, 2019

CHENNAI: Just as the flutter around the Pollachi sexual abuse case has started to wane, a PIL has been filed in the Madras high court seeking an FIR against Tamil Nadu home secretary and Coimbatore rural superintendent of police (SP) for disclosing the name and identity of the complainant/ victim The petitioner, advocate A P Suryaprakasam, wanted the court to direct the director general of police (DGP) to investigate the case and punish the officials under Section 228A of the IPC, which provides for imprisonment up to two years with a fine for the offence.The PIL is likely to be taken up for hearing on March 25 by the first bench of the court headed by Chief Justice V K Tahilramani.According to the petitioner, the law prohibits any police officer investigating crimes of sexual abuse of women and children from disclosing the name and identity of the victims and the two officials had violated it.“Coimbatore SP Pandiyarajan revealed the name of the victim/ complainant to the media during a press meet held in connection with the case. Home secretary Niranjan Mardi revealed the name of the victim and the educational institution where she was studying in a government order dated March 13, issued for transferring the case to the CBI.”The two not only disobeyed the orders of the Supreme Court but also committed a criminal offence under Section 228(A) of the IPC, the petition said.Justifying his locus standi to seek such a relief, Suryaprakasam submitted that the constitution bench of the Supreme Court in Sheno Nandhan Paswan case had clearly stated that any person can set the criminal law in motion.Pointing out that he had made a complaint requesting registering an FIR against the duo with the office of the DGP through speed post on March 15, the advocate said the DGP had not taken any action so far.Claiming that no positive action can be expected from the DGP as the two accused officials hold high ranks, the petitioner wanted the court to interfere and direct the DGP to register an FIR.

CHENNAI: Just as the flutter around the Pollachi sexual abuse case has started to wane, a PIL has been filed in the Madras high court seeking an FIR against Tamil Nadu home secretary and Coimbatore rural superintendent of police (SP) for disclosing the name and identity of the complainant/ victim The petitioner, advocate A P Suryaprakasam, wanted the court to direct the director general of police (DGP) to investigate the case and punish the officials under Section 228A of the IPC, which provides for imprisonment up to two years with a fine for the offence.The PIL is likely to be taken up for hearing on March 25 by the first bench of the court headed by Chief Justice V K Tahilramani.According to the petitioner, the law prohibits any police officer investigating crimes of sexual abuse of women and children from disclosing the name and identity of the victims and the two officials had violated it.“Coimbatore SP Pandiyarajan revealed the name of the victim/ complainant to the media during a press meet held in connection with the case. Home secretary Niranjan Mardi revealed the name of the victim and the educational institution where she was studying in a government order dated March 13, issued for transferring the case to the CBI.”The two not only disobeyed the orders of the Supreme Court but also committed a criminal offence under Section 228(A) of the IPC, the petition said.Justifying his locus standi to seek such a relief, Suryaprakasam submitted that the constitution bench of the Supreme Court in Sheno Nandhan Paswan case had clearly stated that any person can set the criminal law in motion.Pointing out that he had made a complaint requesting registering an FIR against the duo with the office of the DGP through speed post on March 15, the advocate said the DGP had not taken any action so far.Claiming that no positive action can be expected from the DGP as the two accused officials hold high ranks, the petitioner wanted the court to interfere and direct the DGP to register an FIR.

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