Two facing disciplinary proceedings for illegal access of memory card in actor rape case

The controversies related to the illegal access of the memory card of the 2017 actor rape case in which the visuals of the rape were recorded has taken a curious turn with two people, one a staff member of the Ernakulam district judiciary and another a retired official, facing disciplinary proceedings.

No action has been initiated against the judicial officer, who was also found in an inquiry to have accessed the card, on the grounds that the actor rape case was under her consideration when the card was accessed.

Mahesh Mohan, the personal assistant to the former Ernakulam Principal and Sessions Judge Kauser Edappagath, and Thajudeen, the former Shirasthadar of the CBI Court 3, where the trial in the rape case was conducted, are facing the proceedings initiated by the Kerala High Court.

V.P.M. Suresh Babu, the inquiry officer, who is also a serving district judge, will conduct the next hearing of the two on January 16.

The reported illegal access had created a ruckus in social and legal circles with the survivor in the case fearing that her privacy might have been compromised and the visuals accessed and leaked. She had complained to the High Court that the card was accessed at 10.58 p.m. on December 13, 2018; 9.58 p.m. on January 9, 2018; and at 12.19 p.m. on July 19, 2021, the day on which the visuals were played in the court hall for the lawyers of the first accused Pulsur Suni as part of the court proceedings.

The unauthorised access was detected at the Forensic Science Laboratory, Thiruvananthapuram, where the forensic experts found that the hash value of the card had changed due to illegal access. Though the hash value of the card was found changed, the hash value of the visuals remained unchanged indicating that the visuals were not accessed, much to the relief of the survivor.

Ideally, the memory card should be secured by using a write blocker, a hardware device used to prevent the copying of contents from the electronic storage device. The use of hardware ensures that no data is written back and read-only access is provided so that the authenticity of the original data is protected, sources said.

The disciplinary proceedings were initiated following an inquiry conducted by Honey M. Varghese, the Ernakulam Principal and Sessions Judge, who tried the sensational case.

Ms. Varghese had found that the card was accessed by three people, including Leena Rashid, the then Judicial First Class Magistrate, Angamaly. The statements of Kausar Edappagath, the Ernakulam Principal and Sessions Judge, and Ms. Rasheed, the court staff and related officials were also recorded as part of the proceedings, sources indicated.

The survivor had obtained a copy of the inquiry report after moving the Kerala High Court.

The disciplinary proceedings were initiated after it was prima facie found that the two had illegally accessed the memory card. If found guilty, punishment ranging from barring the annual increment to dismissal from the service awaits the one in service.

The pension and other retirement benefits of Mr. Thajudheen, who retired from service one year ago, have been withheld pending an inquiry, pointed out sources.

When contacted, Mr. Mohan and Mr. Thajudheen declined to comment on the developments.