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Synopsis

The Supreme Court has declined to consider a plea against the Kerala High Court's order, which directed a Special Investigation Team to lodge FIRs and examine allegations of sexual exploitation of women artists in the Malayalam film industry without substantial evidence and only on the basis of Justice Hema Committee report of 2019.

"There can be no direction to injunct or restrain the police officer from proceeding in accordance to the law," a bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta said.

A plea was filed by Sajimon Parayil, a film producer, an actress, and a witness claiming that they were being pressurised by the SIT formed by the Kerala government to give statements. They were aggrieved with the Kerala High Court's order which refused to consider their plea.

The apex court, however, said, "Under criminal jurisprudence, once information is received or otherwise an officer-in-charge of a police station has reason to suspect that a cognisable offence has been committed, he is duty bound to proceed in accordance to law as prescribed under Section 176 of BNSS."

The court pointed out, this was exactly what the high court's division bench had directed in the order on October 14, 2024.

It noted the division bench of the Kerala High Court was monitoring the action taken on a regular basis as was apparent from the subsequent orders passed by it.

The petitioners contended they had no objections to any criminal prosecution being lodged, FIR being registered, and investigations being carried out provided there was plausible evidence collected by the SIT; but without any evidence, if the SIT was proceeding to register the cases and compelling the witnesses to depose before it, then it would be a travesty of justice.

They contended the SIT had, in great haste, registered all the FIRs and PEs and none of the FIRs or PEs were registered prior to October 23, 2024 when the top court issued notice in the matter. They submitted that it was completely mala fide exercise on the part of the respondent State in an attempt to overreach the consideration by the court.

The bench, however, said, "We leave it open for the affected persons who had deposed before the Hema Committee and are being compelled by the SIT to depose before it to approach the High Court for redressal of their grievances."

The court also observed that the division bench of the high court would consider the specific grievances raised by the present petitioners or any other individuals facing similar harassment. It will also examine whether the FIRs registered are based on material collected during the SIT's investigation or are being filed without any supporting evidence.

"The High Court will also look into the grievances of those individuals who had deposed before the Hema Committee that they are not unnecessarily harassed or coerced or compelled to depose before the SIT," the bench clarified.

It accordingly disposed of the matters giving liberty to the petitioners to approach the high court for their respective grievances.

On a request of an organisation by the name of Women in Cinema Collective (WCC), the Kerala government in 2017 constituted a committee comprising a retired judge of the high court, Justice K Hema (Chairperson), actor T Sharda and a retired bureaucrat, Ms Basala Kumari as members to study the issues raised therein primarily dealing with the working conditions, welfare and the hardship being faced by the women in the Malayalam Cinema Industry.

The Hema Committee submitted its report on December 31, 2019, to the State Government. Apparently, no action was taken on the recommendations made by the Hema Committee for a substantial period.

Petitioner Sajimon Parayil filed a writ petition before the single judge of the Kerala High Court, primarily for the relief that the Hema Committee report be not made public as it would be violating privacy rights and would also breach confidentiality in particular to those who have testified before the said Committee. The single judge, on August 13, 2024, dismissed the writ petition on the finding that the petitioner therein had no locus.

On a plea to produce the report by certain activists, the high court's division bench on September 10, 2024, approved the Special Investigating Team constituted by the Director General of Police comprising seven members headed by Inspector General and the Commissioner of Police, Thiruvananthapuram City and further supervised by the Additional Director General of Police, Crime Branch.

Case Title: Sajimon Parayil Vs State of Kerala & Ors