Kerala

Director Ranjith moves Kerala HC to quash sexual harassment case, cites 15-yr delay

Ranjith argued that the alleged incident took place in 2009, and the complaint was first filed only in 2024, after 15 years.

Written by : Azeefa Fathima
Edited by : Sukanya Shaji

Filmmaker and former chairperson of Kerala State Chalachitra Academy, Ranjith Balakrishnan, has moved the Kerala High Court seeking to quash proceedings in a case of alleged sexual harassment filed against him by Bengali actor Sreelekha Mitra. In his petition filed on Friday, January 17, he contended that the alleged incident took place in 2009, and the complaint was first filed only in 2024, after 15 years. He further argued that the lower court conducting the trial in the case ought not to have taken cognisance of the offences as they are time-barred by the Code of Criminal Procedure (CrPC). 

Justice C Jayachandran of the High Court issued notice to the respondents directing them to file responses and posted the matter for hearing on January 27.

Ranjith contended that he has been charged with Sections 354 (assault or criminal force to outrage modesty) and 509 ( insulting modesty of a woman) of the Indian Penal Code (IPC) in the final report of the police submitted to the lower court in November 2024. Stating that he did not commit the said offences, he argued that the offences are time-barred by Sections 468 and 469 of the CrPC.

Section 468 says that no court can take action on an offence after the limitation period has ended. The limitation period is fixed depending on the punishment for the offence– six months if the offence is only punishable by a fine; one year for imprisonment up to one year; and three years if the imprisonment is for more than one year but less than three years.

Section 469 spells out how the commencement of the period of limitation is calculated– on the date of the offence, when the person/police officer comes to know about the offence, or when the person/police officer comes to know about the identity of the offender.

Ranjith contended that the limitation is three years and one year for the two Sections charged against him, arguing that the court's cognisance of the offences after 15 years is detrimental to the interests of justice.

Sreelekha Mitra filed a police complaint against Ranjith, in August 2024, for allegedly misbehaving with her during the movie discussion of Paleri Manikyam: Oru Pathirakolapathakathinte Katha in 2009. “During the discussion, he clutched hold of my hand and later on attempted to spread his hand to other parts of my body with sexual intention. I had to escape from the flat and return to the hotel where I was staying. My bitter experience was shared the next day with scriptwriter Sri Joshy Joseph. As I was not given the travelling ticket for my return journey, I was compelled to seek the help of Sri Joshy Joseph (sic),” she had told media then.

She also added that she could not pursue the case further because she was living in Kolkata. Ranjith, however, denied the allegation and subsequently resigned from his post as chairperson of the Kerala Chalachitra Academy. 

He later approached the High Court seeking anticipatory bail. However, the court closed the case after the prosecutor submitted that it was a bailable offence at the time it was alleged to be committed. Meanwhile, he was booked in a second case of sexual assault on August 31, following the complaint of a 33-year-old man. The survivor told TNM that the alleged assault occurred in 2012 in Bengaluru. However, the Karnataka High Court has stayed the investigation in this case.

In the wake of the publication of the Hema Committee report, which revealed the wide prevalence of sexual harassment in the Malayalam film industry, several women including Sreelekha Mitra came forward to name their perpetrators. The Justice Hema Committee report was published on August 19, nearly five years after submission to the Kerala government.