MALAYALA VEDI Vs. STATE OF KERALA

JUDGEMENT

(1.) Malayala Vedi, an organisation registered under the Kerala Scientific, Literary and Charitable Endowments Act, has filed the instant Writ Petition for a mandamus directing a fresh investigation through the Director, Central Bureau of Investigation, New Delhi(Respondent No.2) in Walayar case. The petitioner has sought for a further direction to the Director General of Police, Kerala State (Respondent No.4) to provide witness protection to the prime witnesses in Walayar case. Petitioner has also sought for a direction to the Kerala State Commission for Protection of Child Rights, represented by its Chairperson (Respondent No.3) to conduct an emergent monitoring and audit into the functioning of the child protection systems relating to child sexual abuse.

(2.) The petitioner seems to have filed the instant Writ Petition on the basis of the articles in the online publications dated 21.05.2017 and 11.01.2019 and also based on the reports published in The Indian Express newspaper dated 27.10.2019, and 30.10.2019 respectively. It is reported in Indian Express newspaper that in Walayar case two minor sisters who were found dead, had been sexually exploited. Based on the newspaper reports, petitioner has submitted that sequence of events leading to the death of two sisters revealed the absolute failure of the system in dealing with the extreme grave cases of sexual abuse. Learned counsel contended that on 13.01.2017, the elder minor girl committed suicide. According to the petitioner, despite the minor child's mother reporting and apprehending threat to the body of her younger daughter, no action was taken. It is submitted by the petitioner that after 52 days, the nine year old minor girl also committed suicide and according to the petitioner, she was also found to have been sexually exploited.

(3.) Regarding the incident, supporting affidavit of the Writ Petition states as follows:-