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Justice Hema Committee report: SC refuses to intervene on Kerala HC order directing police to file cases

A producer and two actors had challenged a Kerala High Court order that said that the police should treat the statements given before the Justice Hema Committee as ‘information’ and act.

Justice hema committee, Supreme Court, sexual harassment

Released last year, the Justice Hema Committee report had provided a damning indictment of the discrimination and exploitation faced by women in the Malayalam film industry. (File Image)

The Supreme Court on Friday refused to intervene with the Kerala High Court order directing the police to register cases on the complaints of sexual exploitation in Malayalam cinema, raised before the Justice Hema Committee.

A three-judge bench presided by Justice Vikram Nath said that “under criminal jurisprudence, once information is received or otherwise and the officer in charge of the police station has reason to suspect that a cognizable offence has been committed, he is duty bound to proceed in accordance with the law as prescribed under Section 176 BNSS.”

The bench also comprising Justices Sanjay Karol and Sandeep Mehta said, “There can be no direction to injunction or restrain the police from proceeding in accordance with the law.”

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The court was hearing a plea filed by a producer and two actors challenging the high court’s October 14, 2024, order which said that “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”.

The top court noted that the high court division bench is monitoring the probe and left it open to those who have deposed before the committee and those who are allegedly being harassed by the Special Investigation Team probing the matters to approach the high court with their grievance. The bench said that the high court shall examine any such grievance and also see if the FIRs were registered based on the materials collected by the SIT or not.

Released last year, the Justice Hema Committee report had provided a damning indictment of the discrimination and exploitation faced by women in the Malayalam film industry.

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