'Hema Committee Report Reveals Commission Of Cognizable Offences': Kerala High Court Directs SIT Probe As Per Section 173(3) BNSS

Section 173 of the BNSS deals with the registration of FIR when information is received regarding the commission of a cognizable offence. Section 173(3) provides that the investigating officer would conduct a preliminary inquiry before registering the FIR within a period of 14 days. It states that if the investigating officer is satisfied that a prima facie case exists to proceed under Section 173(3), then it will with further investigation. Section 176 provides the procedure for investigation.

The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, hearing matters related to the Justice Hema Committee Report, stated that the witness statements in the Justice Hema Committee Report discloses commission of cognizable offences, which could be treated as "information" to take action as per Section 173 of the BNS.

Court stated, “The SIT shall proceed with the investigation as per the relevant provisions of law and on completing the investigation, the investigating officer will decide whether any materials are made out for filing a final report (Sec.193 BNSS), and if so, proceed accordingly. If not, the investigating officer shall file a refer report.”

Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced by women in the Malayalam film industry. The report was published on August 19, 2024.

The Court further clarified that the SIT shall take all necessary precautions to ensure that the name of the victim/ survivor is not revealed or made public.

Court said, “The name of the victim/ survivor shall be masked in the FIS/FIR. The SIT shall ensure that the copy of the FIS is not uploaded or made public. The copy of the same shall not be issued to any person except to the victim/survivor (Sec.173(2) BNSS). The accused shall be entitled to same only on filing of the final report.”

The Court further stated that the SIT shall not compel witnesses to give statements for carrying out the investigation. It clarified that if the witnesses were not ready to cooperate and there were no materials to proceed, then the investigating officer shall follow the procedure for investigation given in Section 176 of the BNSS.

The Court has also directed the SIT to investigate the use of alcohol/drugs in the film shooting sets and other connected workplaces and to take action as per law. The Court also directed the SIT to take steps to prevent the usage of alcohol/drugs in film sets in the future.

During the hearing today, it orally advised actors and celebrities to refrain from taking up roles and characters that depict women in a derogatory manner. It stated that celebrities are capable of influencing the public and they have a greater fundamental duty and obligation to restrain themselves from portraying women in a derogatory manner.

The matter has been posted to October 28 for further hearing.

Case Number: WPC No. 31205/2024 & Other Cases

Case Title: Jannath v State of Kerala & Other Cases

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