SC asks OP Jindal University rape convicts to share their iCloud password

Tribune News Service

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New Delhi, February 7 

Noting that a rape victim can’t be allowed to be blackmailed, the Supreme Court on Wednesday asked the OP Jindal Global University gang-rape convicts to share their iCloud account password with the victim after her counsel expressed apprehension that they might misuse her nude pictures.

“We are concerned about the present situation. There are pictures of the girl with one of you. It is difficult for us to tolerate continuous blackmail,” said a Bench headed by Justice SA Bobde.

“You must give up access to those photographs. If you have deleted, make sure that they are not released. If not, you have to give the password to the girl,” the Bench told the counsel for convicts Hardik Sikri, Karan Chhabra and Vikas Garg.

“If any password is available, it will be shared,” senior counsel Shanti Bhushan and Mukul Rohatgi assured the Bench.

The court’s direction came after senior counsel Colin Gonsalves expressed apprehension on behalf of the victim that her nude pictures were in possession of the accused who had been blackmailing her.

The top court had on January 11 refused to stay arrest warrants issued against two convicts in the OP Jindal Global University rape case.

Convicts Hardik Sikri and Karan Chhabra were given 20-year imprisonment after being found guilty of raping a fellow student in 2013. 

The Bench had wondered how they remained in custody during trial and were released after being found guilty of rape and sentenced to 20-year prison term. 

“It is one of those rare cases where these men were behind the bar when the trial was on but they were released after they were held guilty of the offence. This was the first time they were released. This alone should be ground enough to reconsider the High Court order,” the Bench had noted. 

However, it went soft on third convict Vikas Garg who was given only a seven-year jail term as it stayed his arrest till January 18 when the matter will be taken up for further hearing.

“There is a sea of difference in what he did and what the other two did,” it had said. 

The trio was convicted by a Sonepat court in May last year. The case hit headlines after the Punjab and Haryana High Court in September 2017 questioned the credibility of the victim’s testimony, talked of her “promiscuity” and “sexual encounters” in its bail order. 

“It would be a travesty if these young minds are confined to jail for an inordinate(ly) long period of time which would deprive them of their education, opportunity to redeem themselves and be a part of the society as normal beings,” the High Court had said. 

The top court had expressed surprise over all the three convicts being freed. “How can that be? We will take the main accused back (into custody). It cannot be that all of you (convicts) are free,” the Bench had said last month.

The top court had earlier stayed the High Court’s order releasing the three convicts on bail. Thereafter, a district court in Sonepat issued warrants against them. They have now challenged the warrants before the top court.