HC orders SIT to probe drug-alcohol abuse in Malayalam film industry | India News

The bench directed the Special Investigation Team (SIT) to probe the matter and take necessary action as per law.

The Justice Hema panel was set up by the Kerala government following the 2017 sexual assault on actresses and the report that highlighted cases of harassment and exploitation of women in the Malayalam film industry.

Following allegations of sexual harassment and exploitation against several actors and directors in the wake of the report’s disclosure, the state government on August 25 announced the formation of a seven-member SIT to investigate them.

On Monday, the bench said it had gone through the entire report of the Justice Hema Committee, including the redacted portion.

“We note that the statements of many witnesses recorded by the Commission reveal the commission of recognizable criminal offenses. Therefore, as prescribed in the decision of September 10, 2024, the statements made before the Commission will be treated as ‘information’ within the meaning of 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 report said.

The court has directed the SIT to take all precautions to ensure that the name of the victim/survivor is not revealed or made public.

“The name of the victim/survivor will be masked in the FIS/FIR. The SIT will ensure that the copy of the FIS is not uploaded or made public. The copy of the same will not be provided to anyone except the victim/survivor (Sec.173(2) BNSS). The accused is only entitled to this upon submission of the final report,” the court said.

Noting that the SIT in its action report dated September 28, 2024, has stated that none of the witnesses who gave evidence before the commission are willing to cooperate and give a statement to the police, the court said: “We reiterate that there cannot exist any compulsion on the witnesses to make a statement.”

“The SIT for registration of crime will take necessary steps to contact the victims/survivors and record their statements. In case the witnesses do not cooperate and there is no material to pursue the case , appropriate steps will be taken as per Sec 176 BNSS will be taken,” the special division bench said.

First publication: October 15, 2024 | 6:54 am IST