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

Supreme Court seeks Kerala's response on film producer's appeal challenging High Court's directive to register FIRs in harassment case.

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.

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