KOCHI: Amid debates on disclosing the Justice Hema Committee report, it has come to light that the Kerala government twice refused to hand over the document to the State Information Commission (SIC) during the proceedings.
The SIC order issued on July 5, revealing the same, was produced before the HC by film producer Sajimon Parayil, who had filed a petition against the report’s release.
The order said despite a directive to produce the report in a sealed cover on May 2, the Cultural Affairs Department did not comply to it, saying the report was intended for submission to the Kerala Chalachitra Academy for developing a comprehensive film policy for the state, and the secretary had referred it to the minister.
Without considering the reason cited by the government, the SIC rescheduled the case for further hearing on May 9, again directing the production of the report.
The second refusal involved the department seeking time, stating it had decided to seek legal advice on whether the report should be presented before the SIC and indicating that a policy decision from the cabinet was necessary according to current government procedure.
However, the SIC rejected all the arguments and held that the report must be submitted in a sealed cover. The joint secretary of the government secretariat then submitted a portion of the report comprising 295 pages, excluding appendices, including statements of witnesses. The Cultural Affairs Department informed the SIC that the supporting documents and a pen drive containing the data used to prepare the report are securely stored in its office.
T Asaf Ali, former director general of prosecution, said the Cultural Affairs Department committed a grave error in refusing to produce the report and pen drive when directed to produce those in a sealed cover.
Exercising its powers under Section 18(3)(a), which allows it to compel public authorities to provide oral or written evidence under oath and produce documents or things for adjudicating citizens’ rights, the SIC ordered the production of the report.
Ultimately, the Cultural Affairs Department partially complied with the SIC’s directions, producing 295 pages of the report but withholding the pen drive containing the essential data used in its preparation.
The SIC’s direction was to disclose the report on the working conditions of women in the film industry, with limited redactions.