Hema Committee: Supreme Court notice to Kerala on plea against FIRs on statements made to panel

New Delhi, Apr 14 (ANI): A view of the Supreme Court in New Delhi on Sunday. (ANI Photo/Ishant)
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The Supreme Court on Wednesday (October 23, 2024) sought a response from the State of Kerala on an appeal filed by a film producer challenging a High Court direction to register First Information Reports (FIR) on each and every statement made by victims/witnesses to the K. Hema Committee.

The Committee was enquiring into allegations of sexual harassment in the Malayalam cinema industry.

The petition said the High Court direction to the Special Investigation Team (SIT) in an October 14 order interfered with the discretion of the police to investigate and fairly reach a conclusion on whether or not a crime had been committed.

Appearing before a Bench headed by Justice Vikram Nath, senior advocates Mukul Rohatgi and K. Parameshwar, advocates Saiby Jose Kindagoor and A. Karthik, representing producer Sajimon Parayil, questioned the High Court’s insistence on registration of FIRs despite “disinclination” expressed by witnesses/victims themselves.

The petition said the witnesses and victims were against the SIT taking any action on the basis of their statements to the Justice Hema Committee.

“Admittedly, the witnesses or the victims who are the aggrieved persons have already expressed their disclination. Therefore, any statement recorded in the report of the Committee which was recorded almost five-six years ago cannot be considered as ‘information’ under Section 173 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), especially when they are subsequently not asserted the same,” the petition contended.

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

The plea said the High Court’s order to treat statements given by witnesses before the Committee as ‘information’ under Section 173 BNSS was contrary to law and carried “devastating potential to cause wide-reaching ramifications”.

The petition said the High Court had itself referred to the SIT’s report in its October 14 order while recording that “none of the witnesses who have given statements before the Committee are ready to co-operate and give a statement to the police”.

Issuing notice, the apex court listed the case for further hearing on November 14.