The Madras High Court delivered a stern rebuke to the Tamil Nadu police on Saturday for their handling of the sexual assault case at Anna University, stating that the FIR lodged in the case not only blames the victim but also contains significant errors in its language. In a special hearing before a vacation bench comprising Justice SM Subramaniam and Justice V Lakshminarayan, the court observed serious irregularities in the police investigation and took decisive action.

The High Court ordered the formation of an all-women Special Investigation Team (SIT) to probe the matter. Additionally, it directed the Tamil Nadu government to compensate the victim for the trauma caused. The court also instructed the state to consider launching a probe into the conduct of the Police Commissioner, particularly regarding a press conference on the case, which raised questions about the propriety of revealing sensitive information. To support the victim further, the university was directed to allow her to complete her studies without charging any fees.

Upon reviewing the FIR, Justice Lakshminarayan expressed his dismay, describing the document as blatant victim-blaming. He pointedly asked Attorney General PS Ramam whether he had read the FIR, noting its glaring flaws. Justice Subramaniam stated unequivocally, “This is pure victim blaming. We’re sure that this will not stand before any trial court. It’s blaming her for the incident. As if her dressing etc. invited the incident.”

The court observed that the police, instead of assisting the victim, had failed to draft the FIR in a manner that would hold up in trial. Justice Subramaniam questioned how such a document could even be filed, emphasizing that proper assistance from police personnel was essential in ensuring justice for the victim.

The issue of procedural lapses extended further when it was revealed that the unmasked FIR containing the victim’s personal details had been uploaded to a public website. Before the error was corrected and the document was taken down, it had already been downloaded by 14 individuals. Attorney General PS Ramam attributed this lapse to errors stemming from the transition between the Indian Penal Code (IPC) and Bharatiya Nyaya Sanhita (BNS).

The Madras High Court continued its sharp criticism of the police handling in the Anna University sexual assault case, particularly rejecting the explanation given for leaking sensitive information in the FIR. The bench firmly dismissed the claim that the error occurred due to the transition from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), pointing out that “BNS came into effect on 1st July and this is December end.” The court demanded accountability and asked how many FIRs containing sensitive information had been similarly leaked over the past five months.

Attorney General (AG) PS Ramam urged the media and others who accessed the FIR to exercise responsibility and refrain from disclosing such information publicly. However, the bench pointed out that the state holds the power to prosecute individuals who compromise victims' confidentiality.

A critical point of discussion arose regarding a potential misrepresentation of another individual's involvement in the case. AG Ramam stated, “He’s portrayed as if he was talking to someone else during that time to give an impression that there were others involved. But we’ve received the call records, and the entire time his phone was in airplane mode.”

This discrepancy was notable, as the Police Commissioner had previously told the media that only one accused was involved. The court questioned whether it was appropriate for the commissioner to make such public comments during an ongoing investigation. In response, the AG defended the commissioner, explaining that the press conference was held to reassure students that the police were not shielding anyone and to maintain law and order on the campus.

Representing Anna University, Additional Advocate General (AAG) J Ravindran informed the court that the university had established a committee to recommend future safety measures. The court reiterated its directive that the victim must be allowed to complete her education at the university, and the AAG confirmed compliance with this order.

In its final remarks, the court emphasized the improper wording of the FIR, which it said undermined the dignity of the victim. In a strongly worded statement, the court declared, “Women have always been punished for the crimes against them… Society should be ashamed of blaming women. Why can’t a woman wish to walk around freely at night, dress up the way she wants, talk to her male friends?”

The Madras High Court expressed its strong disapproval over the leak of the FIR in the Anna University sexual assault case, emphasizing that it was a grave violation of the victim’s privacy and dignity. The bench firmly stated, “Even if technical error, such errors should not happen in such sensational cases involving crimes against women,” and ordered a detailed investigation into how the sensitive information was made public.

The court lauded the bravery displayed by the victim in reporting the case despite the challenges and societal pressures she faced. Recognizing the failures of the institution to ensure her safety, the High Court ordered Anna University to compensate the victim. It stated that the university must waive all her tuition, hostel, and other fees for the remaining duration of her studies, acknowledging the institution’s responsibility in the matter.

The press conference conducted by the Police Commissioner without obtaining prior permission also came under scrutiny. The court concluded that such actions did not fall under any permissible exception and directed the government to consider initiating action against the Commissioner under the relevant legal provisions.

Highlighting systemic lapses, the court pointed out failures on the part of both the police and Anna University. To ensure a thorough and impartial investigation, the bench decided to form a Special Investigation Team (SIT) comprising women police officials. The court expressed confidence in the SIT, stating, “We hope all women SIT will take up the investigation in right earnest and file chargesheet in both the cases (sexual assault and FIR leak). No offender should be allowed to scot free irrespective of their status, position or otherwise.”

Further, the court directed the police to provide interim protection to the victim and her family to ensure their safety. It also ordered the state to pay ₹25 lakh as interim compensation to the victim, citing the serious lapses in handling the case, particularly the trauma caused by the FIR leak. Additionally, Anna University was instructed to allow the victim to continue and complete her education without charging any fees, including tuition, hostel, exam, or miscellaneous charges.