Supreme Court grants interim protection from arrest to Malayalam actor Siddique in sexual assault case

Siddique approached Supreme Court for anticipatory bail in case related to sexual assault of a woman actor after he was denied bail by Kerala High Court

The Supreme Court on Monday (September 30, 2024) granted Malayalam actor Siddique interim protection from arrest for two weeks until the next date of hearing in a sexual assault case lodged against him following the publication of the Justice Hema Committee report highlighting sexual abuse and exploitation in the Kerala film industry.

A Bench headed by Justice Bela Trivedi asked why the woman who filed the complaint against Siddique took eight years to come out.

Also read: Association of Malayalam Movie Artistes | AMMA’s moment of reckoning 

“What were you doing for eight years? What prevented you from filing a complaint for eight years?” Justice Trivedi asked advocate Vrinda Grover, appearing for the woman.

Justices Trivedi and Satish Chandra Sharma asked Ms. Grover whether she could give a “satisfactory, reasonable reply” for the woman’s silence for nearly a decade.

Ms. Grover drew attention of the court to the skewed power equation within the Malayalam industry.

“This has to be understood in the larger context. He was the secretary of a very powerful organisation... He approached her on Facebook in 2014, saying he liked her pictures. She was 19 years old then,” Ms. Grover said.

Senior advocate Mukul Rohatgi, appearing for Mr. Siddique, said the woman had come for a meeting at a hotel with her parents. He said his client was 67-years-old. He had acted in 365 films. 

“Please protect me. I will be available for the investigation,” Mr. Rohatgi submitted on behalf of the actor.

Mr. Siddique, denied anticipatory bail by the Kerala High Court, had appealed in the Supreme Court.

Additional Solicitor General Aishwarya Bhati, appearing for the State of Kerala, said it was “not possible to talk about such superheroes” until the Justice Hema Committee report came out earlier this year after a gap of over seven years.

Ms. Bhati said there were a total of 29 cases registered in the Malayalam film industry against various persons following complaints. A special investigation team (SIT) was probing the cases.

Ms. Grover said the one thing common among all the 29 cases were that powerful persons within the film industry asked women to be ready for “compromise and adjustment” in return for chances on the silver screen.

Ms. Bhati submitted that in the present case, the statement of the woman has been recorded under Section 164 of the Code of Criminal Procedure.

Earlier, the Kerala High Court had prima facie found grounds to register a criminal case against the actor.

The actor was charged with offences under under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC) on a complaint of the woman actor.

The High Court had concluded that his interrogation was inevitable after considering the facts of the case, the law on the point, and the nature, gravity and seriousness of the accusations levelled against the actor.

Published - September 30, 2024 01:58 pm IST