KOCHI: Though the government established a seven-member investigation team, including four women IPS officers, to carry out an inquiry into the allegations of sexual abuse in the Malayalam movie industry, there is no mention about the Hema Committee report, sparking criticism that the move is merely a face-saving exercise, with no genuine effort to address the serious issues highlighted in the committee’s findings.
There are questions surrounding the purpose of the newly formed special investigation team (SIT)—whether it has been established to conduct a preliminary inquiry to assess the validity of the complaints or to identify the victims who testified before the Justice K Hema Commission and registered cases for further investigation. Legal experts argue that the SIT’s creation is clouded in uncertainty, as the scope of its investigation has not been clearly defined, and there is no mention of its powers or jurisdiction.
Kerala High Court lawyer C P Udayabhanu said that the SIT was merely set up for a fact-finding inquiry since its jurisdiction has not been decided. “If anyone raises doubts about the setting up of the SIT, they would not be wrong, as its point of investigation has not been decided, and there is no mention of its powers and jurisdiction,” he added.
The press release issued by the office of Chief Minister Pinarayi Vijayan on Sunday said that the SIT headed by IG Sparjan Kumar was set up to carry out an inquiry into the recent complaints and revelations of bitter experiences by a few women working in the film industry.
“It seems the government aims to carry out a preliminary inquiry. It is in vigilance cases that an FIR is lodged after a preliminary investigation is conducted. This is not such a case as there are cognisable offences,” Udayabhanu pointed out.
As per the law, an SHO can register an FIR and carry out an investigation. Hence, these officers cannot record statements under the Bharatiya Nagarik Suraksha Sanhita (BNSS) or investigate. These will not be part of the record nor can the court summon any case diary, according to legal experts. “The SHO has to register an FIR, legally verify, and investigate. Under what law is a pre-verification system created? Will any SHO dare to record evidence and register a crime when there is an extra-legal apparatus created with seven IPS officers? These officers cannot record statements under BNSS nor investigate.
These will not be part of the record hence it will not come to the scrutiny of the court when it summons the case diary,” said a retired IPS officer who requested not to be named. Effectively, the state government is delaying the registration of an FIR by keeping seven IPS officers between the victim and SHO, he added.
Leader of Opposition V D Satheesan has accused the government of ‘being with the hunters and not the victims’ by not bringing the findings of the Hema Committee Report under the purview of the SIT.
“The press release issued by the CMO announcing the setting up of the team has not even mentioned the Hema Committee report. The government seems adamant that it will not investigate the statements and evidence submitted by the victims before the committee. It is unacceptable,” he said here on Monday.
He also alleged that officers facing serious allegations for the lapses in the investigation of sexual assault against women were included in the special investigation team.