Many witness statements made to Hema panel reveal cognisable offences: Kerala HC

After going through the complete redacted report of the Hema Committee, the bench of Justices A K Jayasankaran Nambiar and C S Sudha said: “We find that the statements of many witnesses recorded by the committee reveal commission of cognisable offences. Hence, the statements given before the committee shall be treated as ‘information’ as contemplated under Sec. 173 of the Bharatiya Nagarik Suraksha Sanhita, and the special team shall take necessary action as contemplated therein subject to Sec.173(3) BNSS.”

Section 173 of the BNSS deals with conducting a preliminary probe within 14 days to decide if a prima facie case is made out. Section 173(3) of the BNSS is on registering an FIR after a preliminary probe, which should be completed within 14 days.

The court said police shall proceed with the investigation as per the law and on its completion the investigating officer will decide if any materials are made out for filing a final report. If not, the officer shall file a refer report.

The court also made it clear that witnesses cannot be compelled to give a statement.

The SIT on registration of a crime shall take necessary steps to contact the victims and record their statements, the court said. In case the witnesses do not cooperate, and there are no materials to proceed with the case, appropriate steps under Section 176 of the BNSS shall be taken, it said.

The court also said the Hema Committee’s report refers to the rampant use of alcohol and drugs in film sets and connected workplaces.

“The SIT shall conduct an investigation into the same and take necessary action. Necessary steps as and when required shall be taken in future also to prevent such rampant use of alcohol/drugs at shooting locations and other connected work sites, which use are in violation of the relevant provisions of law,’’ it said.