CBI court rejects mother’s plea seeking electronic records in Walayar case, allows access to CDR

Kochi: The CBI special court in Ernakulam has rejected the plea filed by the mother of the Walayar victims seeking access to the electronic records retrieved from the phones of the accused and the mother herself. However, the court allowed access to the call detail records (CDRs) as requested in the same petition.

CBI special judge P Sabarinathan upheld the agency’s argument that the electronic records, including photos of the children with their parents, could reveal the victims’ identities. The court accepted the CBI’s stand that disclosing such files would compromise the privacy of the deceased minors.

Meanwhile, the mother said she would appeal the verdict. She argued that for the past seven years, the identity of the victims had remained protected, and withholding the records now on such grounds was unjustified.

Legal experts backing the mother pointed out that the phone cited in the case—allegedly used to show obscene videos to the children—was an old keypad model incapable of downloading or playing such videos, or accessing apps like WhatsApp. They argued that this narrative was used to malign the mother and derail the case.

“The right to access court records acts as a safeguard against possible injustices. It enables victims to monitor proceedings and ensures their voices are heard throughout. This transparency fosters trust in the justice system,” said Advocate Rajesh Menon, appearing for the mother.

Several charges against the mother in the CBI chargesheet are reportedly based on data retrieved from her phone. Her petition before the High Court, seeking the quashing of the CBI’s chargesheet and a reinvestigation as a murder case, is yet to be heard. The electronic records, the petition argues, are crucial to understanding the facts. The mother’s legal team will file an appeal in the High Court once the written copy of the lower court’s verdict is received.