New Delhi, Feb 7 (UNI)The Supreme Court on Friday declined to interfere with the Kerala High Court’s directive to register FIRs based on depositions made before the Justice Hema Committee regarding allegations of sexual exploitation in the Malayalam cinema industry.
A bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta underscored that the police are duty-bound to investigate upon receiving information about a cognizable offence. “Under criminal jurisprudence, there can be no injunction restraining police from proceeding as per the law under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),” the bench observed.
The apex court's decision came while dismissing Special Leave Petitions (SLPs) filed by film producer Sajimon Parayil and two actors challenging the Kerala High Court’s October 2024 order.
Acknowledging that the Kerala High Court is already overseeing the investigation, the bench permitted individuals who had deposed before the Justice Hema Committee to approach the High Court if they experienced harassment by the Special Investigation Team (SIT). The court further directed the Kerala High Court to examine whether the FIRs were based on valid materials or registered arbitrarily.
The case originated from the Kerala High Court’s directive treating the statements recorded by the Justice Hema Committee as “information” under Section 173 of the BNSS, thereby prompting the SIT to take appropriate action.
Film producer Sajimon Parayil and two actors had contested the directive. One actor contended that her deposition was intended for academic purposes and was based on hearsay, with no intention to trigger criminal proceedings. She also highlighted the reluctance of several women to participate in investigations.
The Supreme Court had reserved its decision on the petitions on January 21 before affirming the Kerala High Court’s approach in today’s order.
UNI SNG CS1757