The Kerala High Court on Thursday stayed the proceedings against cine actor Edavela Babu in a sexual harassment case [A Babu Chandran @ Edavela Babu v. State of Kerala & Anr.].
Justice A Badharudeen passed the order staying the proceedings until November 18 when Babu's plea seeking to quash the proceedings against him will be heard next.
The first information report (FIR) against Babu was registered based on a complaint filed by a woman actor alleging that Babu sought sexual favours in return for accepting her application for membership in the Association of Malayalam Movie Artistes (AMMA).
According to her complaint, the request for sexual favours was made when she contacted Babu via phone to speak about the membership and about getting roles in movies. She claimed that when she told Babu that she only has ₹1.5 lakhs even though AMMA membership costs ₹2lakhs, the actor, who was the general secretary of AMMA, said that the amount can be adjusted if she can also "adjust."
An FIR was registered based on her complaint alleging that Babu had committed offences punishable under 354A(1)(ii) (demand or request for sexual favours), 354A(1)(iv) (making sexually coloured remarks), and 509 (acts, words, or gestures intended to insult a woman's modesty) of the Indian Penal Code.
Babu subsequently moved the present petition before the High Court to quash all proceedings against him in connection with said FIR.
In his petition, Babu contended that the complaint was completely concocted especially considering the fact that as per the bylaws of AMMA, Babu alone could not possibly have granted membership to the applicant. He also submitted that the membership fee was only ₹1 lakh.
Babu also contended that even if the allegations are true, the ingredients to prove sexual harassment do not exist.
"Even for an argumentative view, all that can be inferred from her statement is that she can pay some amount now and then later pay the balance amount can be adjusted in a later point of time. There is absolutely no element of demanding or requesting any sexual favors", the plea stated.
The six year delay in registering the FIR has not been explained by the complainant either, Babu added.
Submitting that further proceedings would be waste of judicial time, Babu has urged the Court to quash the case against him.
Today, after hearing both Babu and the State prosecution, the Court deemed it fit to stay the proceedings till the next date of hearing which is November 18.
The Court also issued notice to the complainant.
Babu was represented by advocates Abraham Mathan, PP Harris, and Antony Thekkekkara.
Babu is one among many actors in the Malayalam film industry who have been accused in sexual harassment cases following the release of the Justice K Hema Committee Report on the working conditions faced by women in the Malayalam film industry.
The report, which was released on August 19 after redacting all personal information, revealed widespread sexual abuse and casting couch practices in the industry.
Following the public uproar, all seventeen members of AMMA's executive committee, including Babu, tendered their resignation.
Several women have come out with serious allegations against prominent figures in the industry leading to the registration of criminal cases and consequently, bail petitions. Other petitions have also been filed seeking criminal action on the basis of the report.
Babu himself was recently granted anticipatory bail by the Ernakulam Sessions Court in a different rape case filed against him.