Kerala High Court directs SIT to probe drug, alcohol use in Malayalam film industry amid sexual abuse allegations

Kochi: The Kerala High Court on Monday directed the SIT investigating the sexual abuse allegations in the Malayalam film industry to probe the widespread use of alcohol and drugs on film shooting sets and other related work places.

A special division bench of Justices A K Jayasankaran Nambiar and C S Sudha, hearing the PIL regarding the Justice Hema Committee report and related matters, directed that necessary steps should be taken, as and when required in the future, to prevent the rampant use of alcohol and drugs at shooting locations and other connected work sites, and said this was in violation of law.

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

The Justice Hema panel was constituted by the Kerala government after the 2017 actress assault case and its report revealing instances of harassment and exploitation of women in the Malayalam cinema industry.

Following allegations of sexual harassment and exploitation cropping up against several actors and directors in the wake of the report being made public, the state government on August 25 announced the establishment of a seven-member SIT to probe them.

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

"We find that the statements of many witnesses recorded by the Committee reveal commission of cognizable offences. Hence, as directed in Order dated September 10, 2024, the statements given before the Committee shall be treated as 'information' as contemplated under 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," it said.

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

"The name of the victim/survivor shall be masked in the FIS/FIR. The SIT shall ensure that the copy of the FIS is not uploaded or made public. The copy of the same shall not be issued to any person except to the victim/survivor (Sec.173(2) BNSS). The accused shall be entitled to same only on filing of the final report," the court said.

Noting that the SIT, in its action taken report dated September 28, 2024, has stated that none of the witnesses who have given a statement before the committee are ready to cooperate and give statement to the police, the court said, "We reiterate that there cannot be any compulsion of the witnesses to give statement."

"The SIT on registration of a crime, shall take necessary steps to contact the victims/survivors and record their statements. In case the witnesses do not cooperate, and there are no materials to proceed with the case, appropriate steps as contemplated under Sec 176 BNSS shall be taken," the special division bench said.