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Battle between 2 superstars that cleaved Kerala’s film industry
Bhavana filed a complaint Nedumbassery police station the next day based on which, a case of rape, abduction, criminal assault and conspiracy was filed.
They were once one of Kerala’s most sought-after reel world couple, starring in at least 8 films together. In the 2003 film “CID Moosa”, he played a private detective, and she was the daughter of a Punjabi businessman he falls in love with. In the 2010 movie “Marikkundoru Kanjadu” too, they played star-crossed lovers. There was always a happy ending.
Yet, over a decade later, superstars Dileep and Bhavana are embroiled in a battle against each other, rife with allegations of kidnap and abuse and a litany of litigations -- a case that has cleaved the Kerala’s film industry into two, and a woman that is refusing to be called a victim.
THE ORIGINAL CASE
On February 17, 2017, according to Bhavana’s account, she was returning to Kochi after a shooting assignment in Thrissur for her film “Honeybee 2”. At around 9:30 pm, her vehicle was rear ended by a van. With the car stationary, Bhavana said five people forced their way into the vehicle. She was allegedly assaulted, and the crime was filmed. She was released near Kakkanad three hours later. A van reportedly tailed her vehicle throughout the ordeal, which the accused later escaped in. Her driver, Martin Antony, was later made an accused as well.
Bhavana filed a complaint Nedumbassery police station the next day based on which, a case of rape, abduction, criminal assault and conspiracy was filed. The actor has stated that she offered those in the car money to free her and that received threats to keep the matter under wraps.
The first prime accused in the case, arrested six days later, was a man named Pulsar Suni, his moniker emanating from his history sheet of stealing vehicles, particularly Bajaj Pulsar motorcycles, in Kochi. Suni told the police that he had been given a contract to carry out the crime.
Six months later, on July 10, 2017, a Special Investigation Team led by police officer Baiju Paulose arrested superstar Dileep, by then the eighth accused. The charges against him included criminal conspiracy and abetment of the crime.
After he spent five years in jail, on Tuesday, the Kerala high court rejected Pulsar Suni’s bail plea again.
THE TRIAL
In 2018, a special court was set up under judge Honey M Varghese to hear the case, proceedings of which were carried out in camera, as requested by the victim. The hearings too had their share of drama.
Of the 40 witnesses named in the case, including several top film personalities, as many 20 turned hostile in the course of the trial.
Both the prosecution and the state government, made requests for a change in the judge. Public prosecutor A Sureshan asked the court to cancel Dileep’s bail, who walked free after three months of his arrest, alleging that he was influencing witnesses. When the request was turned down, Sureshan resigned in November 2020. A year later, a second prosecutor, VN Anil Kumar resigned as well.
Revathi, an actress in the industry who is close to Bhavana said, “It is sad we can’t even trust our own colleagues in the industry. There is no memory of friendship and a shared work place.”
In December 2020, a three-member bench of the Supreme Court pulled up the state government and said that it could not pick and choose some observations and allege bias.
As the trial was winding down, in December 2021, a fresh twist emerged with allegations made by film director Balachandra Kumar. Kumar alleged that he had met Pulsar Suni at Dileep’s residence in 2016, and also claimed that the actor had a video clipping of the assault, which he once invited him to watch. He said that Dileep had tried to influence witnesses, and said that he had been afraid to speak out earlier. “I was scared to talk about this. Whatever I wanted to say, I have told the Crime Branch,” he had said.
The prosecution then moved the trial court asking for fresh charges and on January 8, 2022, the Crime Branch filed a fresh case against Dileep based on Kumar’s allegations. The High Court has asked investigators to conclude the probe by April 15, 2022. Dileep, his brother, brother-in-law and two aides were booked under charges of conspiracy, destruction of evidence and influencing witnesses in the new case.
On his part, Dileep dismissed Kumar’s allegations, saying that he was making these accusations because of an old enmity after he had refused to take up a project by the director, and said this was part of a plan by investigators. Speaking to HT briefly, Dileep reiterated his innocence and said, “My counsel has advised that I don’t talk about the case.”
He is presently being questioned by the Crime Branch in the second case.
THE DRAMATIS PERSONNAE
Gopalkrishna Pillai, more popularly known as Dileep(53), had a meteoric rise in the Kerala filmdom. He made his debut in 1992 with a minor role in “Ennodu Istham Kudamo” but by 2000, his star had risen. According to industry members, Dileep has worked in at least 150 movies so far. His 2002 film ‘Meesa Madhavan’ was a huge success, as was “CID Moosa” (2003). Over time, Dileep started his own production house -- D Cinema.
On the other hand, 35-year-old Bhavana, began her career in the year 2002 with the film ‘Nammal’ and has a career that spans 85 films across three languages; Malayalam, Kannada and Telugu. Her 2010 Kannada film with the late Puneeth Rajkumar, ‘Jackie’, was among the biggest blockbusters of her career.
Bhavana spoke to HT on Tuesday on the condition that she would be named, insisting that she did not want to be seen as a “victim”.
“What pains me more is the attitude of some who often treat me as an accused. They ask me to prove my innocence time and again. My fight is for dignity of all women and I will take to its logical end,” she said over the phone from Bengaluru.
“Why should I hide behind the generic term ‘victim’? It has been really traumatic and initially, I was alone; but now there are many from among my friends and my family that are standing with me,” she said. With the case subjudice, she too was reticent about details but added, “I am here to stay.”
Recalling the past 15 years, Bhavana said the cross-examination in courtrooms were the darkest period of her life. “That was the most harrowing and I was devastated and broken. There were seven laywers at one point questioning me. I had thought about leaving the case, but decided that this was a fight for dignity and justice. I got messages threatening me, and asking me to die. But I want more women who have suffered abuse to emerge out of the shadows. It is frightening to speak out, but even more so to live with the trauma,” she said.
THE FALLOUT
Apart from the trial, the case has caused a storm in Kerala’s tinsel town, giving rise to organisations and even a government mandated committee.
In May 2017, a forum of women artists called the Womens Collective in Cinema (WCC) was started. Then on July 1, 2017, after a request from the WCC to chief minister Pinarayi Vijayan, the state government appointed a commission under Justice KK Hema, which also included actress Sarada, and retired bureaucrat KB Valsala Kumari, meant to look at the problems women face in the industry. The committee submitted its report in 2019, but its findings have not been made public.
The state government has taken the stance that it is not bound to place the report in the assembly as it was not constituted under the Commission of Inquiries Act. But some believe that the report is being withheld because of the explosive nature of its allegations, including issues such as the prevalence of incidents of ‘casting couch’ -- demands of sexual favours in exchange for film roles.
“It seems such a sheer waste of time, money and energy. Why is it highly confidential all of a sudden? The government should allow a free discussion on it after releasing the report,” said Beena Paul, a WCC founding member and a leading film editor.
“We agree we have limitations in releasing the Hema Committee report. It is too sensitive. But we will implement its recommendations,” said culture minister Saji Cherian in the state assembly on March 17, 2022.
The government has instituted a three-member panel to submit a plan to implement the recommendations, headed by Chalachitra Academy secretary C Ajoy.
In February 2022, however, an NGO, Disha, moved the Kerala High Court, asking for the inquiry report to be made public. The High Court has sent notices to the state government with the case set to come up in the first week of April.
On March 17, The Kerala high court ruled that production houses and other organisations associated with the Malayalam film industry should set up an internal complaints committee (ICCs), as prescribed in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The court delivered the important order, a first of its sort for the Malayalam film industry, on a public interest litigation filed by WCC.
he case has also polarised opinion among industry folk. “Where was Balachandra Kumar all these days? He could have deposed while the trial was on. As an observer, I feel he was propped up by the prosecution at the eleventh hour when the wind was going against it,” said film producer Saji Nanthayad.
“We have been constantly speaking for her all these years. Now, there is more awareness of women’s rights in the film industry and more survivors are willing to speak up,” said Malayalam director and writer Anjali Menon, also one of the founding members of the WCC.
