Malayalam film actress moves SC against filing of FIRs based on Justice Hema Committee report
The actress was among those who had deposed before the committee.
An actress working in the Malayalam film industry has approached the Supreme Court challenging the Kerala High Court’s order to register first information reports based on statements recorded by the Justice Hema Committee, reported Live Law on Friday.
The actress was among those who had deposed before the committee, which was set up to investigate the exploitation of women in the Malayalam film industry.
On August 19, a redacted version of the report was released after the High Court rejected a plea by actor Ranjini seeking a stay on its publication. The report said that the women are told to make “compromises and adjustments” for work, a euphemism for making themselves available for sex on demand.
On October 28, the Kerala government told the High Court that 26 FIRs had been registered based on the findings of the report. This came after the court directed a Special Investigation Team to take action on the findings as per Bharatiya Nagarik Suraksha Sanhita Section 173, which deals with the registration of cases for cognizable offences.
In her Special Leave Petition, the actress argued that her statements to the committee were given “purely for academic purposes” and not to initiate criminal proceedings. She said she provided the statement with the understanding that it was for the committee’s academic or advisory use.
The petitioner questioned the legality of the High Court’s direction, arguing that the court cannot interfere with the investigative agency’s role. She contended that her statement should not be considered “information” to trigger a criminal investigation.
The Supreme Court had earlier issued notice on a petition by producer Sajimon Parayil challenging the High Court’s direction.
The three-member committee, comprising Hema, veteran actor Sharada and former bureaucrat KB Valsalakumari, was formed in 2017, weeks after the Women In Cinema Collective met Chief Minister Pinarayi Vijayan.
The collective demanded an investigation into the problems faced by women in the Malayalam film industry. This came in the aftermath of a sexual assault case involving actor Dileep.
After the release of the report, several members of the Malayalam film industry have been booked on charges of sexual misconduct, including actor Siddique, actor and Communist Party of India (Marxist) MLA M Mukesh, actor Jayasurya and director VA Shrikumar Menon.
On November 19, the Supreme Court granted anticipatory bail to Siddique in a rape case registered against him on the complaint of an actor.
The top court asked why the woman had waited eight years after the alleged assault to file a complaint, while confirming the interim protection from arrest granted by the court to Siddique on September 30.