The apex court observed that the police were bound to proceed under the law when they receive information about a cognizable offence.
Published Feb 07, 2025 | 3:22 PM ⚊ Updated Feb 07, 2025 | 3:22 PM
Supreme Court of India. (iStock)
Synopsis: Film producer Sajimon Parayil and two female actors had petitioned the Supreme Court against a Kerala High Court directive that the deposition of witnesses/survivors before the Hema Committee shall be treated as information as contemplated under Section 173 of the BNSS, and the SIT could initiate necessary action.
Refusing to interfere with the Kerala High Court’s directions to register first information reports (FIRs) based on the Justice K Hema Committee report, the Supreme Court on Friday, 7 February, asked the Kerala police to continue its probe into the alleged sexual exploitation of women in the Malayalam film industry.
A Supreme Court Bench comprising justices Vikram Nath, Sanjay Karol, and Sandeep Mehta pronounced the order to continue the probe while disposing of special leave petitions by film producer Sajimon Parayil, and two female actors.
The apex court observed that the police were bound to proceed under the law when they receive information about a cognizable offence.
“Under criminal jurisprudence, once information is received or otherwise 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 BNSS. There can be no direction to injunction or restrain the police from proceeding in accordance with the law,” Live Law quoted from the order.
Sajimon Parayil had challenged the High Court’s 14 October 2024 directive that the deposition of witnesses/survivors before the Hema Committee “shall be treated as information as contemplated under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the SIT (special investigation team) shall take necessary action as contemplated therein subject to Section 173 (3) of the BNSS”.
The two female actors later approached the Supreme Court against the high court directive, saying they had deposed before the commission in “academic interest” and not to initiate criminal proceedings.
One of the actors even said that she had made the statements to the Hema Committee based on hearsay.
While issuing the order on Friday, the Supreme Court noted that the high court was monitoring the investigation, and those allegedly being harassed by the SIT could approach the high court. The petitioners had alleged harassment by the SIT.
The Kerala government constituted the three-member Justice Hema Committee in July 2017 to investigate issues of sexual violence and gender inequality in Malayalam cinema. The committee submitted a 300-page report, along with supporting documents, and audio and visual evidence to the government in December 2019.
The government, however, did not act on the report until July 2024, when the Kerala State Information Commission directed it to issue the report to RTI applicants. The applicants were provided copies of 233 pages of the report after the government omitted several passages that it said could infringe on the privacy of certain individuals.
