Thiruvananthapuram: Palakkad MLA Rahul Mamkootathil on Tuesday filed a petition before the Sessions Court, Thiruvananthapuram, seeking in-camera proceedings while considering his anticipatory bail plea in the rape case registered against him. The plea will be heard on Wednesday. Rahul is currently absconding, and the police have launched an intensive search to locate him.

"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 plea stated.

The petition also refers to the exhibits submitted before the court — including photographs, audio recordings, and other digital materials — arguing that they relate to the personal life and dignity of both the survivor and the petitioner, and therefore require confidential handling during the bail proceedings. "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.

According to the current request, "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."

ADVERTISEMENT

"If the matter is heard in open court, it 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," it added.

According to the 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.

ADVERTISEMENT

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 also disputed her claim of marriage dissolution at the time of the alleged incident and states that their relationship was consensual and that she underwent an abortion of her own will. He argues that her allegations are false and politically motivated.

Rahul was suspended from the Congress in August following accusations of sexual misconduct. He was removed from the parliamentary party and relieved of his post as Youth Congress state president. Despite disciplinary action, he continued to participate in public events until the survivor recently submitted a formal complaint to the Chief Minister, leading to the registration of an FIR.

ADVERTISEMENT

The Nemom police booked him under Sections 64 (2)(f) (rape by a person in a position of trust or authority), 64 (2)(h) (rape knowing the woman is pregnant), 64 (2)(m) (repeated rape on the same woman), 89 (causing miscarriage without consent), 115 (2) (voluntarily causing hurt), 351 (3) (criminal intimidation), and 3 (5) (joint criminal liability) of the Bharatiya Nyaya Sanhita. Police have also invoked Section 66 (E) of the Information Technology Act for the alleged recording and threat of misuse of private images.

Meanwhile, in the anticipatory bail plea, the MLA alleged that the complainant had recorded every moment of their relationship, including chats and voice clips, as part of a political conspiracy to tarnish his image. He noted that she had leaked the audio clips during the local body polls, prior to filing the complaint against him. He also questioned her decision to approach the Chief Minister instead of lodging a complaint with the local police. 

Apart from Rahul, police have also booked Joby Joseph, a close aide of Mamkoottathil, for allegedly handing over abortion pills to the complainant. He, too, is absconding.

The comments posted here/below/in the given space are not on behalf of Onmanorama. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.