Kerala High Court Dismisses Challenge To Publication Of Justice Hema Commission Report On Issues Faced By Women In Malayalam Film Industry

The order of the State Information Commission to make the report public on July 25, 2024 was earlier stayed by the High Court.

The Court passed the above order in a plea filed by Malayalam film producer, Sajimon Parayil challenging the order of the State Information Commissioner to disclose substantial portions of the Justice Hema Commission Report. The order further directed the State Public Information Officer to provide attested copies of redacted reports to the applicants who submitted applications under the RTI Act.

Advocate Saiby Jose Kidangoor, on behalf of the petitioner, stated that the Commission had submitted its report before the Chief Minister in 2019. It was stated that there is no public interest in publishing the report now after many years since the Government already took action based on the report.

The petitioner argued that while the State Information Commission had denied the request to disclose the report on October 22, 2020, it later ordered on July 5, 2024 to make the report public without providing any reasons.

The petitioner submitted that disclosing the contents of the report would affect the privacy of third parties who gave testimonies to the commission. The petitioner said that the testimony was given under the promise of confidentiality. The petitioner further argued that the publication of the report would only lead to unnecessary media discussion and no larger public interest would be served. It was argued that the RTI Act does not provide an absolute right for disclosure of information and there are exemptions provided under the Act itself.

Advocate M Ajay, appearing for State Information Commission submitted that the petitioner has no locus to approach the Court. It was stated that substantial portions of the report were redacted ensuring that no private details of third parties would be revealed and that there was no violation of privacy.

Advocate N Krishna Prasad, instructed by Advocates Gokul D Sudhakaran, Bharath Mohan for an RTI applicant submitted that judicial approach must be to advance the right to information as per Article 19 of the Constitution rather than to hinder it. Advocate A. Parvathi Menon, representing the Kerala Women's Commission, Advocate Binoy Vasudevan, representing the Women in Cinema Collective (WCC), and Advocate A. K. Preetha, on behalf of two Malayalam film actresses, argued that for the Justice Hema Commission Report to achieve its intended purpose, it must be made public. They emphasized that making the report public was essential for the larger public interest.

A detailed order is awaited. 

Case Name: Sajimon Parayil v State of Kerala and Others

Case Number: WP(C) 26497/ 2024