KOCHI: The Kerala High Court on Monday directed the Special Investigation Team probing the complaints of sexual harassment in the Malayalam film industry to investigate the rampant use of alcohol/drugs in film shooting sets and other connected workplaces.
"Necessary steps as and when required shall be taken in future also to prevent such rampant use of alcohol/drugs at shooting locations and other connected work sites," said the Bench comprising Justice AK Jayasankaran Nambiar and Justice CS Sudha.
The Special Bench issued the order on a batch of petitions filed in connection with the Hema Committee report. When the petitions came up for hearing, Advocate TB Mini, a party-in-person sought a directive to the excise department to issue orders prohibiting the usage of drugs and alcohol in the cinema sets.
The court further noted that the Hema Committee report also reveals that there was rampant use of alcohol and drugs in the Malayalam film shooting locations and other film-related workplaces.
The court which had gone through the entire Justice Hema Committee report including the redacted portion found that the statements of many witnesses recorded by the committee reveal the commission of cognizable offences.
Hence, as directed earlier, the statements given before the committee shall be treated as ‘information’ as contemplated under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the SIT shall take necessary action under Section 173 (3) BNSS.
The court also directed 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 court ordered that a copy of the same shall not be issued to any person except to the victim/survivor. The accused shall be entitled to the same only on filing of the final report.
The court also directed the SIT to proceed with the investigation as per the relevant provisions of law and on completing the investigation, the investigating officer will decide whether any materials are made out for filing a final report, and if so, proceed accordingly. If not, the investigating officer shall file a refer report.
However, the court reiterated that there cannot be any compulsion of the witnesses to give statements. 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 Section 176 of BNSS shall be taken. The court noted that the SIT in its action taken report filed before it has stated that none of the witnesses who have given statements before the Committee are ready to cooperate with the police.