Actor Siddique maligning rape survivor; stockpile of evidence against him: Kerala Police to Supreme Court

Malayalam actor Siddique's anticipatory bail plea before the Supreme Court in the rape case against him is an unfair attempt to malign the complainant-woman, the Kerala Police told the Supreme Court [Siddique v State of Kerala and anr]

In its status report/ response filed before the apex court on October 19, the police stated that bail petition violates the dignity of womanhood.

"The unfairness of the special leave petition violating the nobility of womanhood. The intention apart from getting bail is to revile and malign a poor rape victim treating her with utmost rancor and disrespect," it was submitted.

Pertinently, the police claimed that there is a "stockpile of evidence" against Siddique and the police should be allowed to arrest him and interrogate him in custody.

"The investigation process is highly complex and has to obtain evidence from third party social media intermediaries, which includes Facebook, Skype etc. The process is a lengthy one and will provide ample opportunities and time for the accused to meddle with the investigation if his pre-arrest bail is extended indefinitely. It will create a barrier to effective investigation ... The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner. There is a stockpile of evidence against him."

The matter will be heard by the Supreme Court on October 22.

The Supreme Court had on September 30 granted interim anticipatory bail to the Malayalam cine actor in a rape case filed against him by an actress.

The Court had also sought the responses of the Kerala government and the complainant.

Pursuant to the order, the State Police filed its status report before the apex court through advocate Nishe Rajen Shonker.

Besides stating that the actor's plea maligns the victim, the police in its response also said that the 'inordinate delay' in filing the criminal complaint should be viewed by the Court sympathetically given Siddique's stature and the threats he had issued.

The police also highlighted that the survivor had time and again come out on social media detailing the sexual harassment, before she eventually filed the complaint.

"These were outbursts of her trauma as stated by the victim. It is also valid to note that the statements of the psychologist and psychiatrist consulted by the victim has been recorded, and they have attested that the complainant is a victim of sexual abuse and has suffered trauma ... the victim has explained the reason for delay in coming forth with the complaint ... She was skeptical whether anyone would believe or support her if she spoke out that that time," it was submitted.

Internationally too, there are several examples of sexual assault cases reported years after the alleged incident, it was pointed out.

The police in its report also underscored that one cannot reasonably expect a woman 'to come out in public on social media and explicitly say that she was raped'.

The Supreme Court's order granting Siddique interim relief has emboldened the accused, prompting his fans to 'celebrate' by distributing sweets, it was pointed out.

"This celebration, apart from being in poor taste, is a crass and light hearted mockery of the seriousness of the legal proceedings that are underway against the petitioner who has been accused of a very grave offence. This has severely demoralized and intimidated not only the victim but also other powerless victims in the film industry," the police submitted.

Hence, they should be permitted to undertake custodial interrogation of Siddique given his influence and clout in society.

Further, the accused has not cooperated with the probe and has given 'evasive, contradictory and tutored answers to the police, it was contended.

If bail is granted, a message will be sent that the policy of zero tolerance towards crimes against women and children is a mere illusion, the police emphasised.

Siddique moved the top court against an order passed by the Kerala High Court on September 24 rejecting bail to him.

The allegations against the actor were made after the public release of the Justice K Hema Committee Report on August 19 this year.

The report revealed large-scale sexual abuse, 'casting couch' practices, and entrenched gender discrimination in the Malayalam film industry.

The publication of the redacted report has led to a wave of sexual abuse allegations against several actors, directors and other film personalities.

The case against Siddique was registered based on a complaint by an actress who accused him of raping her at the Mascot Hotel in Thiruvananthapuram in 2016.

The actress, who initially hesitated to file a police complaint, later emailed the State Police Chief alleging that Siddique raped her after she refused to give in to his demands for sexual favors in exchange for a role in a Tamil movie.

The investigation into this case is being handled by a Special Investigation Team (SIT) set up to probe the sexual abuse cases emerging after the publication of the Justice Hema Committee report.