Kerala High Court
– Photo: ANI
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The Kerala High Court on Monday directed the SIT probing allegations of sexual exploitation in the Malayalam film industry to probe the use of alcohol and drugs at film shooting sites and other related workplaces.
A special division bench of Justices AK Jaishankaran Nambiar and CS Sudha heard the PIL regarding the Justice Hema Committee report and related matters. The division bench directed that necessary steps should be taken to prevent large-scale use of liquor in future. Said that drug consumption at shooting sites and other related workplaces is a violation of the law. The bench directed the Special Investigation Team (SIT) to investigate the case and take necessary action as per law.
The Justice Hema panel was constituted by the Kerala government after the 2017 actress harassment case and its report revealed cases of harassment and exploitation of women in the Malayalam cinema industry. After reports became public revealing allegations of sexual harassment and exploitation against several actors and directors, the state government on August 25 announced the setting up of a seven-member SIT to investigate them.
On Monday, the bench said it has studied the entire report of the Justice Hema committee, including the amended portion. Said, 'We have found that the statements of many witnesses recorded by the committee reveal the commission of cognizable offences. Therefore, the order dated September 10, 2024 directs that the statements made before the committee will be treated as 'information' under Section 173. Indian Civil Security Code, 2023 (BNSS) and the SIT will take necessary action under Section 173(3) BNSS.
The court directed the SIT to take all precautions to ensure that the names of the victims and witnesses are not exposed or made public. Noting that the SIT, in its action taken report dated September 28, 2024, has said that none of the witnesses who deposed before the committee are ready to cooperate with the police and give statements. The court said, 'We reiterate that no compulsion can be imposed on witnesses to give statements.'
The special bench said that upon registering the crime, the SIT will take necessary steps to contact the victims/survivors and record their statements. If the witnesses do not cooperate, and there is no material to pursue the case, appropriate steps will be taken under section 176 BNSS.
