Kerala High Court ruled that SIT should treat the statements recorded by Justice Hema Committee as ‘information’ under Section 173 of BNSS.
Published Oct 15, 2024 | 6:00 AM ⚊ Updated Oct 15, 2024 | 6:00 AM
Kerala High Court halts SFIO proceedings in CMRL–Exalogic case
In a landmark ruling, the Kerala High Court has directed the Special Investigation Team (SIT) to treat the statements recorded by the Justice Hema Committee as ‘information’ under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This order comes in the wake of the Committee’s report, which includes previously redacted sections that uncover evidence of cognisable offences committed within the Malayalam film industry.
The High Court mandated a thorough investigation by the SIT while ensuring that survivors’ identities were not revealed. Under Section 173(2) of BNSS, the SIT is required to mask survivors’ identities in any First Information Reports, preventing unauthorised access to such documents. The accused will only receive copies of these documents after the final report is submitted.
Despite the court’s directive, the SIT’s recent status report submitted on 28 September indicated that many witnesses who testified before the Justice Hema Committee were reluctant to cooperate with the police.
However, the special division bench, comprising Justices A.K. Jayasankaran Nambiar and C.S. Sudha, clarified that cooperation from witnesses cannot be enforced. The SIT was urged to approach victims and survivors without coercion.
If witnesses remain uncooperative and substantial evidence is lacking, the investigating officer has the discretion to file a “refer report” under Section 176 of BNSS, which may lead to case closure.
The Committee’s report also highlighted a troubling prevalence of alcohol and drug use on film sets and related workplaces. The bench directed the SIT to investigate these allegations and take appropriate legal action.
The court also emphasised the necessity for preventive measures to address substance abuse, advocating for sustained efforts to create safer work environments in the entertainment industry.
The High Court has scheduled the next hearing for 28 October, urging the SIT to continue its investigation and provide periodic updates.
The Justice Hema Committee was established by the Kerala government in response to the 2017 actress assault case. Its report, made public on August 19 this year, five years after its submission, revealed troubling accounts of harassment and exploitation faced by women in the Malayalam cinema industry.
Following its release, several female actors have come forward with their own disturbing experiences of mistreatment and abuse by male counterparts, shining a light on the urgent need for reform in the industry.
(Edited by Ananya Rao)
