Palakkad MLA Rahul Mamkootathil on Tuesday filed a petition before the Sessions Court, Thiruvananthapuram, seeking in-camera proceedings while his anticipatory bail plea in the registered rape case is being considered. The plea is scheduled to be heard on Wednesday.
Rahul is currently absconding, as a result the police have initiated an intensive search to locate him. The MLA's plea argued that any proceedings conducted in open court are likely to have far-reaching consequences due to his public office: "The petitioner is a sitting MLA and, therefore, a person holding a responsible public office. Any proceedings conducted in open court are likely to have far-reaching consequences on the petitioner's public life, reputation, and ability to discharge constitutional responsibilities," the petition stated.
The plea specifically highlighted the sensitive nature of the evidence, which includes photographs, audio recordings, and other digital materials related to the personal life and dignity of both the survivor and the petitioner.
"These materials constitute sensitive personal data which, if exposed in open court, may violate the statutory mandate of confidentiality and protection of identity under various laws," the plea added. It further argued that the "Demonstration of multimedia evidence in an open courtroom crowded with unrelated parties, lawyers, litigants, and media personnel would compromise the integrity and confidentiality of the proceedings."
The MLA concluded that an open hearing "is likely to result in severe and irreversible prejudice to both the petitioner and the victim. Apart from violating privacy rights, such exposure may influence public opinion and lead to media trials. “According to the original complaint, Rahul allegedly abused the survivor, caused her to become pregnant, and criminally intimidated her by forcing her to terminate the pregnancy. The complaint further states that he recorded her videos without consent and used them to threaten and coerce her. Meanwhile, Rahul has submitted additional evidence before the court asserting his innocence. His counsel has produced WhatsApp chats, call records, and photographs of the survivor with her husband. Rahul disputed her claim of marriage dissolution at the time of the alleged incident, stating their relationship was consensual and that she underwent an abortion of her own free will. He maintains that her allegations are false and politically motivated.
Rahul also reiterated his previous allegation, contained in his anticipatory bail plea, that the complainant recorded every moment of their relationship as part of a political conspiracy. He noted that she had previously leaked audio clips during the local body polls before filing the formal complaint with the Chief Minister, questioning her decision to bypass the local police.
The Nemom police have booked Rahul under various sections under the Bharatiya Nyaya Sanhita, pertaining to rape by a person in a position of trust-Section 64 (2)(f), rape during pregnancy-Section 64 (2)(h), repeated rape-Section 64 (2)(m), causing miscarriage without consent-Section 89, and criminal intimidation-Section 351 (3). Section 66 (E) under the Information Technology Act has also been invoked for the alleged recording and threat of misuse of private images.
In a related development, Joby Joseph, a close aide of Mamkoottathil, has also been booked for allegedly handing over abortion pills to the complainant. He is also currently absconding.
Rahul was suspended from the Congress in August following prior accusations of sexual misconduct. He was removed from the parliamentary party and relieved of his post as Youth Congress state president but continued to participate in public events until the survivor’s recent formal complaint led to the registration of the FIR.
Also read: Court to take up Palakkad MLA's bail plea in rape case on Dec 3
Follow us
