Kerala High Court Lifts Stay On Trial Against Actor Unni Mukundan In Sexual Harassment Case; Woman Alleges False Settlement Claim Made

The Kerala High Court on Thursday vacated the stay previously granted by it on the trial proceedings initiated against Malayalam film industry actor Unni Mukundan in a case of sexual harassment, after the woman-complainant stated that the Court was earlier misled into believing that the matter has been settled.

A single bench of Justice K Babu was hearing the matter. The counsel for the complainant submitted that the interim stay was granted by the Court acting on a false submission by the counsel for the actor that the matter had been settled between the parties. The affidavit claiming settlement submitted in court, based on which the interim stay was granted, was never signed by the complaint herself, her counsel submitted. The case relates to an ongoing trial court proceeding against the actor, which was initiated based on complaint filed by a woman in 2017, accusing the actor of sexual harassment .

On 07.05.2021, based on the submission of the counsel for the petitioner that the matter had been settled between the parties, the court granted a stay on the trial court proceedings:

"The learned counsel for the petitioner submits that the 2nd respondent informed the petitioner that she does not intend to proceed with the complaint", the Court had recorded in the stay order.

On Thursday, Justice Babu observed that the allegations made by the woman about false claim of settlement, if found to be true, are "very serious" and that Mukundan would be answerable for the same. The actions of the petitioner would amount to forging and submitting of false documents before the court, which is a criminal offence. This is a fraud on the court and an attempt to mislead it, the court observed.

The petitioner was represented by Advocate Saiby Jose Kidangoor, the former president of the Kerala High Court Advocates’ Association, who resigned on Wednesday.

The petitioner was asked by the court to submit a detailed explanation on the allegations of the false submission of settlement previously made before the court. The matter has been posted for a detailed hearing on 17.02.2023.

Case Title: Unni Mukundan V State of Kerala