The Kerala High Court on Tuesday observed that a probe into the actor abduction and assault case cannot be delayed further, but prosecution insisted that it needs more time to examine digital evidences.
Hearing a petition filed by actor Dileep to quash a fresh case against him, the court asked the prosecutor how much more time they required to complete the probe. Justice Kausar Edappagath said time limit was already exceeded and directed the prosecution to submit a final report by March 1.
But the prosecution said it needs more time to examine digital devices seized during recent raids. At one pint, the court asked why the prosecution was giving too much importance to statements of one of the witnesses. The prosecution contended that the case was in final stages and it needs more time to examine digital evidences. The court then observed that the trial can’t go endless like this.
Dileep’s counsel B Raman Pillai said the investigating team was conducting a reinvestigation in the name of a fresh case and it was a ploy to delay the trial. He said a fresh investigation was not permissible as charges were framed in January 2020 and all witnesses, other than the investigating team head, were examined.
The new case relates to an alleged conspiracy to attack investigating officers who probed the actor assault case of 2017. It came up after director Balachandra Kumar claimed that Dileep hatched a conspiracy to attack officers who investigated the case and he was also in possession of the woman actor’s assault video. He said the alleged conversation took place in November 2017 at the actor’s flat in Kochi. Later a new case was registered against him and four others including his brother and brother-in- law based on his disclosure.
But Dileep said one of the investigating officers was behind the move and he forced the director to raise fresh charges against him. He said new case was hoisted on him after the prosecution found that its contentions in the actor assault case were weak. A leading south Indian woman actor was abducted and assaulted in a moving vehicle in Kochi in 2017 and Dileep is an accused in both cases. Two days back the court had allowed her to implead in the case.
Lawyers’ protest
Lawyers of the high court staged a protest on Tuesday following a notice issued to senior criminal lawyer B Raman Pillai, also counsel for Dileep, by the investigating team alleging attempt to influence a witness and tampering with his statement. The notice was issued under Section 160 of the criminal procedure code.
The Kerala High Court Advocates’ Association said the notice was “unwarranted and unprecedented questioning a lawyer’s right”. Later, they carried out a protest rally. Former High Court judge Justice Kemal Pasha criticised the move and said it was quite “unheard of in legal parlours”.
