Continue sexual harassment probe in Malayalam film industry: SC to Kerala Police

The apex court refused to stall the ongoing criminal proceedings initiated by the Kerala police into allegations of sexual exploitation of women actors in the Malayalam film industry

The Supreme Court on Friday dismissed petitions challenging last year’s order of the Kerala high court directing the police to register first information reports (FIR) based on the Justice Hema Committee report made public in August last year.

The court asked the victims who had deposed before the committee as witnesses to raise their grievances before the high court. (HT file photo)

The apex court refused to stall the ongoing criminal proceedings initiated by the Kerala police into allegations of sexual exploitation of women actors in the Malayalam film industry after the victims had deposed before a judicial enquiry committee to report their ordeal.

Dismissing petitions filed by a filmmaker and two women actors, a bench headed by justice Vikram Nath directed that under the criminal law in force under the Bharatiya Nagrik Suraksha Sanhita (BNSS), the police is duty bound to proceed on getting a complaint which reasonably discloses commission of a cognizable offence.

The bench, also comprising justices Sanjay Karol and Sandeep Mehta said, “Once information is received or otherwise and the officer in charge of the police station has reason to suspect that a cognizable offence has been committed, he is duty bound to proceed in accordance with the law as prescribed under Section 176 of BNSS. There can be no direction to injunct or restrain the police from proceeding in accordance with the law.”

The court asked the victims who had deposed before the committee as witnesses to raise their grievances before the high court and requested the HC to examine the same.

One of the petitioners - filmmaker Sajimon Parayil argued that none of the witnesses who deposed before the committee are willing to register a complaint with the police. Further, it was stated that a crime cannot be registered in the absence of prima facie finding that a case exists.

Acting on the argument, the top court wanted the high court to examine the same.

The other two petitioners, who are make-up artists, claimed that since their deposition before the Justice Hema Committee, the special investigation team (SIT) of the state police probing the allegations had been asking them to depose and record statements. However, they were not interested in pursuing the criminal proceedings.

The top court directed the petitioners to raise their grievance before the high court to ensure they are not unnecessarily coerced to depose before the SIT.

The state stated before the top court that victims are under pressure to come forward and after conducting preliminary enquiry, the SIT set up by the state had lodged 26 FIRs based on the Justice Hema Committee’s findings.

The petitioner questioned this action of the state pointing out, “Prima facie there should be satisfaction that a crime is committed.”

The victims represented individually and jointly under the banner of Women in Cinema Collective (WCC) had also intervened in the proceedings supporting the registration of FIR.

The HC order directed the police to proceed in accordance with the statements made by the women actors who deposed before the committee.

The Justice Hema Committee report was prepared in 2017, but after considerable delay the same was made public last year.