Hema Committee report: SC refuses to interfere with FIRs registered

The Supreme Court has refused to interfere with the registration of cases initiated based on the Justice Hema Committee report, which exposed widespread workplace issues, including sexual harassment, within the Malayalam film industry. A total of 40 First Information Reports (FIRs) have been registered so far.

Film producer Sajimon Parayil and a makeup artist had approached the Supreme Court against the direction issued by the Kerala High Court in October last year. The high court had observed that the statements given before the committee shall be treated as 'information' under Section 173 of the BNSS. 

“In case the witnesses do not cooperate, and there are no materials to proceed with the case, appropriate steps as contemplated under Section 176 of the BNSS shall be taken,” the bench said. Section 176 deals with the procedure of investigation. The Kerala HC had also empowered the Special Investigation Team (SIT) to take action based on the information. 

Dismissing the challenge of the High Court order, the apex court on Friday, February 7, ruled that once information regarding the commission of a cognisable offence is revealed, the law must be set in motion. The bench, headed by Justice Vikram Nath, said that it could not prevent the Kerala Police from proceeding in accordance with the law. 

"Under criminal jurisprudence, once information is received, or otherwise the officer in charge of the police station has reason to suspect that a cognisable offence has been committed, he is duty bound to proceed in accordance with the law as prescribed under Section 176 BNSS. There can be no direction to injunction or restrain the police from proceeding in accordance with the law," LiveLaw quoted the bench as saying.

Several attempts were made to stall the proceedings initiated by the Kerala police after the release of the report. Actor Maala Parvathy approached the Supreme Court demanding the quashing of proceedings initiated by the SIT in November. The Supreme Court asked those who have deposed before the Hema Committee and raised harassment allegations by the SIT to move the High Court with their grievances if they have any. It directed the Kerala HC to examine whether the FIRs are registered based on the materials collected by the Special Investigation Team (SIT) and if those who testified before the committee were subjected to undue harassment, coercion, or compulsion.

Senior advocate Gopal Sankaranarayanan and Sandhya Raju, representing women hair and makeup artists, had filed an interlocutory application (IA) to be part of the case. Based on their interventions, the Kerala HC appointed a nodal officer and said that the officer can address complaints of sexual harassment raised by women women from outside the film industry also, until January 31. The court had also ordered that the Film Policy Drafting and Cinema Conclave Committee, planned to address workplace issues, should be headed by a Chairperson who commands the trust and confidence of women.