Thread by @barandbench

#SupremeCourt to hear petitions of the Kerala government and an actress, who has alleged rape by Malayalam actor-producer Vijay Babu challenging the grant of anticipatory bail to him by the Kerala High Court
#VijayBabu

Sr Adv Jaideep Gupta for State Kerala: The plea is against anticipatory bail. The FIR is against a senior actor who is accused of continuously raping a junior actor. He fled to Dubai immediately after this and committed another offence by disclosing name of victim in social media

Gupta: Before coming to India he filed a Section 438 CrPc application. When blue corner notice was issued against him, he fled to Georgia which does not come under extradition treaty. After his passport was impounded he came to Dubai

Gupta: He was granted anticipatory bail and interrogation was permitted only from June 27 to July 3

Justice Banerjee: I don't think anticipatory bail is incorrect but yes the restriction on interrogation is something not warranted. Rape is proven and disclosing the name is another offence. Now he has no passport

Gupta: he is an influential person in movie industry

Gupta: All witnesses are from movie industry..he can influence. He has already deleted whatsapp messages of last 15 days.

Justice Banerjee: how can the message be deleted by the other party

Justice Maheshwari: even the complainant has deleted the message

Gupta: the accused did not stop from deleting the WhatsApp message and thus evidence can be tampered. Plus he disclosed the name of victim

Justice Maheshwari: Both deleted the messages. It looks that initially there was an understanding between them!

Justice Maheshwari: This police has the phones, they can recover the messages.

Gupta: He has deleted and there is evidence to it.

SC: There was no direction on him to delete the message

Gupta: but can such a person who ran away in past be granted anticipatory bail

Gupta: Mirror images of messages can be obtained from the gateway

Justice Banerjee: the object of taking a person taking into custody is to not evade process of law.

Gupta: custodial and non custodial interrogation stands on different footing.

Justice Banerjee: on deprivation of personal liberty the court often takes a different view

Sr Adv R Basant appears for the victim

Gupta: the court has considered factors like the actor was in a subsisting marriage and there was no chance of legal marriage with someone else. the court noted that there was connection between accused and victim.

Justice Banerjee: There was large number of factors to decide there was an offence of rape or not. there can be no presumption when there is a close relationship with a promise to marry where the respondent was already a married man.

Justice Banerjee: his putting post on Facebook has been taken note of.

Gupta: High Court has not considered it.

#VijayBabu

Justice Banerjee: The accused can be interrogated by the investigating officer.

Sr Adv Siddharth Luthra: The HC noted that petitioner has to co-operate as and when called for

SC: That needs some clarity

Basant: Section 438 is for an extraordinary situation. The victim is in her early 20s and has just entered the film industry. The accused was in a dominating position and casting couch malady is very much present in this profession. The accused was married man

Basant: she was called to have professional discussions and then #VijayBabu had intercourse with her. She was raped. The accused was in a position of power.

Sr Adv Basant: She had resisted. Then she was kicked in her abdomen and threatened. She fled and then she was called and the accused asked her to be his girlfriend.

Basant: we cannot afford to ignore the position of power for the man in this equation. #VijayBabu

Sr Adv Basant: My name, details were alleged in an attempt to pressurise me and have be submit. the body language of the victim was most humiliating. He said he cannot do it but still he will do it and reveal the name.

Basant: there was an attempt to coerce me into submission. Law is in favour of hunter or hunted? We have to see this. There was a position of dominance for one in the relationship
#VijayBabu

Basant: How can anticipatory bail be granted to a person who fled to another jurisdiction where extradition rules don't apply. He had forceful sex with me and there is medical evidence. The bail granted was wrong.

BREAKING: SC: We DECLINE to interfere with Kerala HC order. Except that we modify the part on interrogation. we make it clear that the petitioner may be interrogated beyond July 3, 2022, if necessary. #VijayBabu

SC: we make it clear that other terms and conditions on the basis of which anticipatory bail was granted has to be complied with and Vijay Babu shall not leave State of Kerala, not tamper with evidence or interfere with any witness in any manner #VijayBabu

Sr Adv Siddharth Luthra: Milords the girl is still trying to establish contact with the accused. This is going to play out some day or other.

Counsel for victim: Don't make such unfounded statements. Don't make the victim a laughing stock. She is the victim not accused.

Justice Banerjee: We are not recording it. No one is becoming a laughing stock. It's the most unfortunate scenario.

Counsel for victim: Please order that accused not write anything in social media as it's ruining my reputation. Open WhatsApp and my name can be found out

SC Order: We clarify that the accused shall not write anything on social media in relation to this case

#SupremeCourt #VijayBabu