On February 7, 2025, the Supreme Court of India decided not to intervene with the Kerala High Court's order to register FIRs based on the testimonies provided by victims and witnesses before the Justice Hema Committee. These testimonies had highlighted instances of sexual exploitation of women within the Malayalam film industry. The ruling stands as a significant step in ensuring accountability and addressing exploitation in the entertainment industry.
A bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta heard the case and delivered its verdict. The Supreme Court dismissed the Special Leave Petitions (SLPs) filed by film producer Sajimon Parayil and two female actors who had earlier testified before the Justice Hema Committee. These petitions had challenged the Kerala High Court's directive issued in October 2024.
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The Kerala High Court had ordered the police to take action after it determined that the depositions before the Justice Hema Committee revealed cognizable offences. The Supreme Court upheld the High Court's judgment, citing the importance of law enforcement authorities acting upon credible information.
The Supreme Court bench emphasized the obligation of police officers to act once a cognizable offence is suspected. They noted that once the police receive credible information or have reasons to suspect a crime, they are legally bound to proceed with investigations under Section 176 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court made it clear that there cannot be any directive preventing the police from performing their duties.
"Under criminal jurisprudence, once information is received or the officer in charge has reason to suspect a cognizable offence has been committed, they are duty-bound to proceed according to the law. There can be no injunction to restrain police investigations."
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Furthermore, the court observed that the Kerala High Court was actively overseeing the investigation process. As a result, the Supreme Court left room for individuals who testified before the Justice Hema Committee to approach the High Court if they faced harassment or any unjust treatment during the investigation by the Special Investigation Team (SIT).
The High Court was instructed to examine whether FIRs were registered appropriately based on the evidence collected by the SIT. The court also acknowledged the concerns of those who felt coerced or harassed during the investigation.
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Background of the Case
The Justice Hema Committee was formed to investigate allegations of sexual exploitation in the Malayalam cinema industry. The committee recorded statements from several witnesses and victims, which led to the discovery of multiple alleged crimes. Based on these testimonies, the Kerala High Court directed that the police treat the statements as formal "information" and initiate criminal proceedings.
However, some of the actors and film producer Sajimon Parayil contested this direction. Parayil, along with two actresses who had testified before the committee, approached the Supreme Court, arguing that their statements were made out of "academic interest" and not to instigate criminal action. One of the actresses clarified that her statements were based on second-hand accounts of exploitation faced by others in the industry, and many victims were not willing to participate in a criminal investigation.