The Kerala High Court on Monday, February 21, allowed an impleadment motion filed by the survivor in the sensational 2016 actor assault case, in which Dileep is the eighth accused. Dileep had filed a plea in the High Court to quash the further investigation being conducted in the case after new revelations emerged, and the survivor had moved the court to be impleaded in the plea. The Kerala High Court has accepted her request. “Considering the fact that the petitioner is the victim, she definitely has an interest in the matter. The petition is allowed,” the bench of Justice Kauser Edappagath said.
The court also heard submissions from Dileep’s counsel in the plea to quash the further investigations in the case.
Appearing for Dileep, senior advocate Raman Pillai submitted that the allegations by director Balachandra Kumar are the result of a “malafide action” by DySP Baiju Paulose “to protract the trial and subvert justice.” The judge, however, observed that it was the decision of the investigating agency to conduct further investigation. He also asked as to what extent the ‘court interfere in that.’
Advocate Pillai also stressed that allegations raised by Balachandrakumar are false and the case is ‘foised by DySP Baiju Paulose’. However, the judge stated that despite the delay, ‘a witness has come forward with some allegations to show a connection between several accused.’ He also asked whether it should not be investigated.
Advocate Pillai also submitted that there was no evidence to show that Dileep had any access to the video of the assault. Stating that the accused has the right to a fair trial under Article 21 (Protection of Life and Personal Liberty) of the Indian Constitution, Pillai contended that Dileep had every right to seek that further investigation be quashed.
Meanwhile, the hearing was adjourned to Feb 22 afternoon.
The trial in the 2016 case is underway at a trial court in Kerala, but the Kerala Crime Branch is conducting further investigation in the 2016 case is following the revelations by filmmaker Balachandra Kumar. Dileep had moved the court on February 2, calling this further investigation in the case a "willful attempt to protract the trial.” The actor had contended that further investigation in that case was not permissible as a final report had been filed in November 2017, charges were framed in January 2020 and only one prosecution witness — one of the investigating officers — remained to be examined.
The fresh investigation is being conducted after Balachandra Kumar, who said he was Dileep’s friend, claimed that the accused actor was in possession of the clip that had visuals of the sexual assault, even before the actor and his lawyers watched it at the magistrate’s chamber in December 2017. Balachandra Kumar had also claimed that the audio in the original clip was enhanced for Dileep’s viewing.