Kochi: On Monday, the Kerala High Court asked the Special Investigation Team (SIT) to look into the widespread use of alcohol and drugs on movie sets in the Malayalam film industry.
A special panel of judges, A. K. Jayasankaran Nambiar and C. S. Sudha, was reviewing a public interest petition about the Justice Hema Committee report and related issues. They emphasised the need for action to stop the illegal use of substances at shooting locations and other work sites.
The court instructed the SIT to investigate these issues and take appropriate legal steps. The Justice Hema Committee was set up by the Kerala government after a 2017 case involving the assault of an actress. Its report highlighted many cases of harassment and mistreatment of women in the film industry.
Following recent allegations against various actors and directors, the state government formed a seven-member SIT on August 25 to investigate these claims.
On Monday, the judges stated they had reviewed the full report from the Justice Hema Committee, including sensitive information. "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.
They also instructed the SIT to ensure that the identities of victims or survivors are kept confidential and not disclosed publicly. "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.
Agency
Published: 15 Oct 2024, 07:26 am IST
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