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Nearly a week after the verdict was pronounced in the Kerala actor assault case, the survivor actor Bhavana, has issued a strongly worded statement against how the case was handled in the trial court. In a social media post, she wrote, “Not every citizen in this country is treated equally before the law,” calling it her painful realisation after years of pain, tears, and emotional struggle.
On December 8, judge Honey M Varghese of the Principal District and Session Court in Ernakulam convicted six persons of abducting and sexually assaulting the actor, and acquitted actor Dileep, the eighth accused who had been charged with masterminding the crime.
“This verdict may surprise many people, but it did not surprise me. As early as 2020, I began to feel that something was not right. Even the prosecution noticed changes in the way the case was being handled, especially when it came to one particular accused,” Bhavana wrote.
While the case was assigned to judge Honey after Bhavana herself petitioned for a woman judge to hear the case, the years that followed had seen the prosecution and the survivor allegedly face hostility from the court itself.
In a statement published on December 14, Bhavana listed six reasons for why she lost faith in the trial court. She wrote:
* “My fundamental rights were not protected. The most important evidence in this case - the memory card was found to have been illegally accessed three times while it was in court custody.”
* “Two public prosecutors resigned from this case, stating clearly that the court environment had become hostile towards the prosecution. Both of them personally told me not to expect justice from this court, as they felt it was biased.”
* “I repeatedly requested a proper investigation into the tampering of the memory card. However, the investigation report was never given to me, until I kept asking again and again.”
* “While I was fighting for a fair trial, the accused filed a petition requesting that this same judge continue to hear the case. This raised even more serious doubts in my mind.”
* “l even wrote letters to the Honourable President of India and the Honourable Prime Minister of India, expressing my concerns and seeking intervention!”
* “I requested the court to conduct the proceedings in an open court, so that the public and media could be present and see for themselves what was happening. This request was denied.”
She further said, “Over the years, I approached the High Court and the Supreme Court multiple times, clearly stating that I did not trust this court. Every request to move this case away from the same judge was dismissed. At the end of the day, this verdict made me realise how strongly human judgement can shape decisions. I also know that every court does not function in the same way.”
She also clarified that Pulsar Suni, who was convicted by the court, was not her personal driver. “He was not my driver, not my employee, and not someone I knew. He was a random person who happened to be assigned as a driver for a movie I worked on in 2016!! Ironically, I met him only once or twice during that time, and never again, until the day this crime happened!! Please stop spreading false stories!!”
Bhavana also thanked everyone who stood by her, adding to her detractors, “To those who continue to attack me with abusive comments and paid narratives, you are free to continue doing what you are paid to do!!”
Note: TNM has used the survivor’s name with her permission.