Kerala HC directive to SIT to probe alleged drug and alcohol abuse in Malayalam film industry

Court reiterates that there cannot be any compulsion on witnesses in K. Hema Committee report to give statements

A Special Division Bench of the Kerala High Court on Monday directed the Special Investigation Team (SIT) probing the complaints of sexual harassment and sexual assaults in Malayalam film industry to conduct an investigation into the alleged rampant use of alcohol/drugs in film shooting sets and other connected workplaces.

The Bench comprising Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha passed the directive when a few public interest litigations filed in connection with the K. Hema Committee report came up for hearing.

The court ordered that necessary steps as and when required shall be taken in future as well to prevent such rampant use of alcohol/drugs at shooting locations and other connected workplaces, in violation of the relevant provisions of law.

The court passed the directives in the light of the observation in the K. Hema Committee report that there was rampant use of alcohol and drugs in the Malayalam film shooting locations and other film-related workplaces. 

The court which had gone through the entire report, including the redacted portion, found that the statements of many witnesses reveal commission of cognizable offences. Hence, as directed earlier, the statements shall be treated as ‘information’ as contemplated under section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the SIT shall take necessary action subject to section 173(3) the BNSS, the court ordered.

Confidentiality

The court also 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 court ordered that the copy of the same shall not be issued to any person, except to the victim/survivor (Sec.173(2) of BNSS). The accused shall be entitled to the same only on filing of the final report. The court also directed the SIT to proceed with the investigation as per the relevant provisions of law and on completing the investigation, the investigating officer will decide whether any materials are made out for filing a final report (sec.193 of BNSS), and if so, proceed accordingly. If not, the investigating officer shall file a refer report.

However, the court reiterated that there cannot be any compulsion on the witnesses to give statements. 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 section .176 of the BNSS shall be taken. The court noted that the SIT in its action taken report filed before the court has stated that none of the witnesses who have given statements before the committee are ready to cooperate and give statement to the police.

Published - October 14, 2024 06:46 pm IST