So Far 26 FIRs Registered Based On Justice Hema Committee Report: State Tells Kerala High Court
The Kerala government today informed the High Court that 26 FIRs have been registered based on the Justice Hema Committee Report, pursuant to Court's direction to the Special Investigating Team (SIT) to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The State Government submitted the SIT's Action Taken Report to the Special Bench, Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, which is hearing matters related to the Committee Report.
In the last hearing, the Court had observed that the Report discloses commission of cognizable offences, which could be treated as "information" to take action as per Section 173 of the BNS. It had thus directed the SIT to register FIRs after conducting a preliminary enquiry.
The Court was informed that 26 FIRs are registered, and the details of the accused are also shown in the FIR. It was also informed that 10 preliminary enquiries are being conducted, and 4 other instances are being investigated by the SIT. The State Government submitted that a report of the progress of the investigation can also be submitted before the Court.
On perusing the Action Taken Report, the Court orally enquired,
“…Now 26 FIR is registered, 8 cases the names are mentioned and 18 cases the names of accused persons are not explicitly mentioned. Now is this part of 40 complaints that were originally there….”
During the hearing, the Court also dealt with a plea challenging formation of the Committee Report. Senior Advocate Ramkumar appearing in the matter submitted that the State has no power to enact a separate legislation for regulation of the film industry when a central enactment is already in force.
It was also argued that the State did not have the constitutional authority to form such a committee, since matters regarding film industry come within the Union Government's ambit. He further submitted that the State is bound by the Supreme Court's decision in Vishaka and Others v State of Rajasthan (1997) which covers private places like the film industry and hence a new legislation is unwarranted. It was contended that the report of the Committee was incompetent and that the suggestions of the Committee could not be implemented.
The Court orally asked if challenge to formation of the Committee is belated. It has directed the State Government to file a counter in this regard.
The matter has been posted to November 04 for further hearing.
Case Number: WPC No. 31205/2024 & Other Cases
Case Title: Jannath v State of Kerala & Other Cases