Sexual Exploitation Victim’s Statement Must Remain Confidential: SC

New Delhi: The Supreme Court on Thursday said in matters of sexual exploitation, there is a need to maintain utmost confidentiality as it refused former BJP MP Swami Chinmayanand from accessing the statement of a complainant who filed a rape case against him before a magistrate.

“In our view, the High Court completely erred in appreciating the directions issued by this court, especially in a matter where the offences alleged against accused are of sexual exploitation. In such matters utmost confidentiality is required to be maintained. In our view, the High Court completely failed in that behalf,” a news agency quoted a bench headed by Justice UU Lalit and comprising Justices Vineet Saran and Ravindra Bhat as saying.

The bench allowed the appeal filed by a law student and set aside the Allahabad High Court order which had directed that Chinmayanand be provided a copy of the statement made by the complainant in the case.

“The filing of the charge-sheet does not entitle an accused to copies of any of the relevant document including statement under Section 164 of the Criminal Procedure Code”, noted the bench.

In November 2019, the top court had granted an interim stay on the High Court order, which granted Chinmayanand access to the certified copy of the statement. The victim had challenged the High Court order and contended that the copy of her statement cannot be accessed before the filing of the charge sheet.

Chinmayanand was arrested by the SIT on September 21, 2019, and sent to jail. He was granted bail in February this year by the Allahabad High Court.