The Kerala High Court on Monday directed the SIT investigating
the sexual abuse allegations in the Malayalam film industry to probe the
widespread use of alcohol and drugs on film shooting sets and other related
work places.
A special division bench of Justices A K Jayasankaran Nambiar
and C S Sudha, hearing the PIL regarding the Justice Hema Committee report and
related matters, directed that necessary steps should be taken, as and when
required in the future, to prevent the rampant use of alcohol and drugs at
shooting locations and other connected work sites, and said this was in
violation of law.
The bench directed the Special Investigation Team (SIT) to
investigate the matter and take necessary action as per law.
The Justice Hema panel was constituted by the Kerala government
after the 2017 actress assault case and its report revealing instances of
harassment and exploitation of women in the Malayalam cinema industry.
Following allegations of sexual harassment and exploitation
cropping up against several actors and directors in the wake of the report
being made public, the state government on August 25 announced the
establishment of a seven-member SIT to probe them.
On Monday, the bench said that it has gone through the entire
Justice Hema Committee report including the redacted portion.
"We
find that the statements of many witnesses recorded by the Committee reveal
commission of cognizable offences. Hence, as directed in Order dated September
10, 2024, the statements given before the Committee shall be treated as
'information' as contemplated under Sec. 173 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS) and the SIT shall take necessary action as contemplated
therein subject to Sec.173(3) BNSS," it said.
The court directed the SIT to take all precautions to see that
the name of the victim/survivor is not revealed or made public.
"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 said.
Noting
that the SIT, in its action taken report dated September 28, 2024, has stated
that none of the witnesses who have given a statement before the committee are
ready to cooperate and give statement to the police, the court said, "We
reiterate that there cannot be any compulsion of the witnesses to give statement." "The SIT on registration of a crime, shall
take necessary steps to contact the victims/survivors and record their
statements. In case the witnesses do not cooperate, and there are no materials
to proceed with the case, appropriate steps as contemplated under Sec 176 BNSS
shall be taken," the special division bench said.