Hema Committee report: SC declines to intervene with Kerala HC order

The Supreme Court on Friday declined to intervene with the Kerala High Court's directive to register FIRs based on the testimonies provided by witnesses and victims before the Justice Hema Committee concerning the sexual exploitation of women in the Malayalam film industry. The court had reserved its orders on the petitions on 21 January.

A bench comprising justices Vikram Nath, Sanjay Karol, and Sandeep Mehta observed that once information about a cognizable offence is received, the police must act according to the law, and no directive can restrict their investigative powers.

The bench issued its ruling while dismissing the special leave petitions filed by film producer Sajimon Parayil and two actors who challenged the Kerala High Court's directive from October 2024.

"Under criminal jurisprudence, once information is received, or if the officer in charge of the police station has reason to suspect that a cognizable offence has been committed, he is duty-bound to proceed in accordance with the law as prescribed under Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). There can be no direction to restrain the police from acting as required by the law," the bench stated.

The Supreme Court noted that the division bench of Kerala High Court is overseeing the investigation and left it open for those who testified before the Hema Committee and claim to face harassment from the SIT (special investigation team) to approach the high court with their concerns. If such grievances are raised, the high court will assess them.

It will also examine whether the FIRs were registered based on material collected by the SIT or if they were registered without sufficient grounds. Additionally, the high court will consider complaints from individuals who testified before the Justice Hema Committee, alleging undue harassment or coercion regarding their testimonies before the SIT.

The challenge arose from the high court's direction issued on 14 October 2024. The high court noted that statements recorded by the Justice Hema Committee indicated cognisable offences and directed that "the statements given before the Committee shall be treated as 'information' as contemplated under Section 173 of the BNSS, and the SIT shall take necessary action in accordance with Section 173(3) of the BNSS."

In response to the high court's directive, film producer Sajimon Parayil approached the Supreme Court. Subsequently, two female actors who had appeared before the Justice Hema Committee also petitioned the Supreme Court, asserting that their testimonies were given in “academic interest” rather than with the intention of initiating criminal proceedings. One actor stated that her testimony was based on hearsay regarding the exploitation faced by other women, many of whom were unwilling to participate in the criminal investigation.