The Kerala High Court on Tuesday sought an action taken report from the Special Investigation Team (SIT) on the findings of the Justice Hema Committee Report constituted by the Kerala government. The high court questioned "inaction" on part of the state government on the findings of the report and directed that the complete unredacted report be handed over to the SIT. The high court said that if any audio-video recordings are also made part of the Report, they should also be handed over to the SIT.
A Special Bench constituted by the Kerala High Court today resumed hearing the matter pertaining to the Justice Hema Committee report on instances of sexual harassment and other problems faced by women in Malayalam film industry. Earlier, a redacted version of the report was made available to the public.
Kerala HC Surprised By State Government's Inaction On Justice Hema Committee Report
The Attorney General appearing for the state submitted that this is because of the recommendation of the report not to publish it.
"What is the bare minimum that the state govt has to do? We are surprised by this inaction. When it received the report or when DGP was given a copy in Feb 2021, some action must have been taken. Assuring confidentiality of women, we understand that. But the state govt is confronted with practices derogatory to women, what has it done?" the court questioned the AG.
The AG told the court that the Committee was constituted only to find problems and give suggestions.
The high court however, questioned why registration of crime was not done when several offences are narrated in the report. The court said that prima facie offences under IPC and POCSO Act are made out, so why no action has been taken by the government yet.
The AG however submitted that the report only narrated instances and the identity is not revealed of victims or perpetrators. Also, there is no mention of time or place in the report, the court was told.
The court however said that the government can take necessary action keeping privacy and confidentiality in mind.
The bench pointed out that the report prima facie shows many offences, not just sexual offences but about remuneration, etc.
"You can take action and if the victim does not want to prosecute then that is alright. But why cannot an investigation be started?" the top court asked.
Kerala Government To Handover Justice Hema Committee Report To SIT
The court further said that there has to be application of mind by the government.
The high court said that it would require the government to hand over the report to SIT, and it would want a report from SIT about action that they can take.
"We want to know what action they can take. Then we will probably open a sealed cover to find if SIT's action or inaction is justified or not. Let SIT submit an action taken report before court after going through the report in entirety." the top court said.
The high court ordered that the entire report should be handed over to SIT. The high court said that since these are sensitive issues, no press conferences should be addressed by the investigating officers.
Kerala HC Cautions Against Media Trial In Justice Hema Report
The court cautioned that there should be no media trial and said that the SIT should look into it and start an inquiry. It further said that if the victim or lady does not want to prosecute, then SIT can drop the case.
The court however did not issue any gag order on the media and said that the SIT must act without pressure. The court said that the Print or electronic media must not put pressure on SIT to act in haste.
The court also ordered the Kerala govt to submit an affidavit after SIT files a report.