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Synopsis

The Kerala High Court has issued directives for the ongoing investigation into allegations arising from the Justice Hema Committee Report, which highlighted various issues, including alleged criminal offences such as casting couch and sexual exploitation within the Malayalam film industry.

The High Court instructed the Special Investigating Team (SIT), constituted by the state government, to take necessary actions in line with Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), based on allegations outlined in the Report. Section 173 is pari materia with Section 154 of the Code of Criminal Procedure, 1973 and deals with ‘Information in cognizable cases’. It mandates the registration of a First Information Report (FIR) upon receiving information about a cognizable offence, with a preliminary inquiry to be conducted by the investigating officer within 14 days before registering the FIR. If a prima facie case is found, further investigation will proceed.

A Special Bench, constituted to hear cases arising out of the Justice Hema Committee Report, comprising Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, emphasised that witness statements in the Report indicate the commission of cognizable offences, which should be treated as "information" triggering action under Section 173 of the BNSS “and the SIT shall take necessary action as contemplated therein subject to Sec.173(3) BNSS.”

The court also underscored the need for confidentiality, directing the SIT to not reveal the names of victims or survivors. The court ordered “The name of the victim/ survivor shall be masked in the FIS/FIR. The SIT shall ensure that the copy of the FIS is not uploaded or made public. The copy of the same shall not be issued to any person except to the victim/survivor (Sec.173(2) BNSS). The accused shall be entitled to same only on filing of the final report.”

The court further noted that, according to the SIT's action taken report dated September 28, 2024, none of the witnesses who had provided statements to the Justice Hema Committee were willing to cooperate and give statements to the police. The court reiterated that “there cannot be any compulsion of the witnesses to give statement”. It directed that, upon registering a crime, the SIT should make efforts to reach out to the victims or survivors and record their statements. If the witnesses do not cooperate and there is insufficient evidence to proceed, the SIT should take appropriate measures as outlined under Section 176 of the BNSS.

The court also directed the SIT to investigate the usage of alcohol and drugs on film sets and other related workplaces, which was highlight by the Report, with instructions to take legal action and implement preventive measures to curb such practices in the future.

The court specified that the SIT must carry out an investigation and upon completing the investigation, the investigating officer is to determine whether sufficient materials exist to file a final report under Section 193 of the BNSS. If not, the officer should submit a refer report.

The matter has been scheduled for further hearing on October 28, 2024.

 

Cause Title: Jannath v. State of Kerala & Other Cases [WPC No. 31205/2024 & other connected cases]