SC slams lawyer Deepa Joseph for defaming Rahul Mamkootathil case survivor
Follow TNM's WhatsApp channel for news updates and story links.The Supreme Court, on Tuesday, February 10, dismissed a writ petition filed by advocate Deepa Joseph in connection with her defamatory statements against a survivor in the rape cases against Rahul Mamkootathil. Deepa had approached the Court apprehending arrest by the Kerala Police over a Facebook post targeting the first complainant in the rape case against the Palakkad MLA.Dismissing her petition challenging the action initiated by Thiruvananthapuram Cyber Police, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi strongly criticised Deepa during the hearing. “Are you expected to write in this type of language? You are an advocate,” CJI Kant told Deepa Joseph. “You have not spared a single word in your dictionary. And still you are not regretting! Should we read out in public what you have written?” the Chief Justice asked. When Deepa repeatedly sought to be heard on the ground that she was a woman, Justice Bagchi responded sharply, “Being a lady, what sort of comments have you made about other women?”Deepa’s Facebook post called the survivor’s complaint a “sex bomb” intended to tarnish the MLA’s reputation. Making obscene remarks on the survivor’s character and marital status, Deepa went on to threaten the woman, writing that she would “disclose her private matters before the public.” “Now the pregnant woman will not deliver because her only aim, along with her associates, was to destroy Rahul. If this continues, I will publish all the photos on social media. I will expose the stories,” Deepa further wrote, threatening the survivor.The Supreme Court bench made it clear that the language used in her post was unacceptable. “Had it been a man who had written all this nonsense, we would have got him arrested here itself,” the CJI said, according to Live Law.Deepa submitted that her posts were based on what the complainant’s husband had stated. The bench, however, asked whether statements attributed to a husband could justify publishing such remarks publicly.Observing that a woman had used words that should not be directed at another woman, the court refused to grant relief and dismissed the plea, granting her liberty to approach the High Court.The complainant in the rape case had filed an intervention application opposing Deepa Joseph’s petition, alleging that she had been persistently targeting her and other complainants. In an affidavit before the apex court, the complainant levelled serious allegations against Deepa, accusing her of spearheading a coordinated cyber campaign. She also alleged that Deepa had twisted translations of Facebook posts in an attempt to mislead the court.The case arises from an FIR registered by the Thiruvananthapuram Cyber Police based on a complaint by the woman, who is the survivor in the first rape case against Rahul Mamkoottathil. She has earlier accused Rahul Easwar and KPCC General Secretary Sandeep Varier of repeatedly defaming her and questioning her integrity through social and conventional media.Rahul Easwar was arrested and put under custody in this case.The complainant stated that the sustained attacks and character assassination, including attempts to indirectly reveal her identity, caused her severe trauma. The FIR also named Mahila Congress Pathanamthitta secretary Renjitha Pulickal and advocate Deepa Joseph as accused.
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THE Supreme Court, on Tuesday, February 10, dismissed a writ petition filed by advocate Deepa Joseph in connection with her defamatory statements against a survivor in the rape cases against Rahul Mamkootathil.
Deepa had approached the Court apprehending arrest by the Kerala Police over a Facebook post targeting the first complainant in the rape case against the Palakkad MLA.
Dismissing her petition challenging the action initiated by Thiruvananthapuram Cyber Police, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi strongly criticised Deepa during the hearing.
“Are you expected to write in this type of language? You are an advocate,” CJI Kant told Deepa Joseph. “You have not spared a single word in your dictionary. And still you are not regretting! Should we read out in public what you have written?” the Chief Justice asked.
When Deepa repeatedly sought to be heard on the ground that she was a woman, Justice Bagchi responded sharply, “Being a lady, what sort of comments have you made about other women?”
Deepa’s Facebook post called the survivor’s complaint a “sex bomb” intended to tarnish the MLA’s reputation. Making obscene remarks on the survivor’s character and marital status, Deepa went on to threaten the woman, writing that she would “disclose her private matters before the public.”
“Now the pregnant woman will not deliver because her only aim, along with her associates, was to destroy Rahul. If this continues, I will publish all the photos on social media. I will expose the stories,” Deepa further wrote, threatening the survivor.
The Supreme Court bench made it clear that the language used in her post was unacceptable. “Had it been a man who had written all this nonsense, we would have got him arrested here itself,” the CJI said, according to Live Law.
Deepa submitted that her posts were based on what the complainant’s husband had stated. The bench, however, asked whether statements attributed to a husband could justify publishing such remarks publicly.
Observing that a woman had used words that should not be directed at another woman, the court refused to grant relief and dismissed the plea, granting her liberty to approach the High Court.
The complainant in the rape case had filed an intervention application opposing Deepa Joseph’s petition, alleging that she had been persistently targeting her and other complainants. In an affidavit before the apex court, the complainant levelled serious allegations against Deepa, accusing her of spearheading a coordinated cyber campaign. She also alleged that Deepa had twisted translations of Facebook posts in an attempt to mislead the court.
The case arises from an FIR registered by the Thiruvananthapuram Cyber Police based on a complaint by the woman, who is the survivor in the first rape case against Rahul Mamkoottathil. She has earlier accused Rahul Easwar and KPCC General Secretary Sandeep Varier of repeatedly defaming her and questioning her integrity through social and conventional media.
Rahul Easwar was arrested and put under custody in this case.
The complainant stated that the sustained attacks and character assassination, including attempts to indirectly reveal her identity, caused her severe trauma. The FIR also named Mahila Congress Pathanamthitta secretary Renjitha Pulickal and advocate Deepa Joseph as accused.
