Recently, the Supreme Court (SC) of India issued a notice on a petition filed by film producer Sajimon Parayil challenging the October 14 Kerala High Court (HC) direction. The HC directed the police to register FIRs on statements made by women actors to the Justice Hema Committee concerning the abuses faced by them in the Malayalam cinema industry. The two-judge bench of Justice Vikram Nath and Justice PB Varale issued a notice to the State of Kerala and posted the matter for hearing on November 19, 2024. The order reads, “Issue notice, returnable on 19.11.2024. The prayer for grant of interim relief would be considered on the next date.”
After reading the Justice Hema Committee report, the Kerala HC bench opined that the statements revealed in the report illustrate the commission of cognizable offences. Therefore, it directed the SIT (Special Investigation Team) to register FIRs after conducting a preliminary inquiry as per Section 173(2) of the Bharatiya Nagarika Suraksha Sanhita (BNSS). Further, the HC directive was challenged by the petitioner stating that the victims themselves were disinclined to lodge FIRs, thus, the HC could not issue such blanket direction. Moreover, the SIT also told the HC that none of the witnesses (who gave statements to the Hema Committee) were ready to cooperate and give a statement to the police.