Kerala High Court directs SIT to probe rampant use of drugs, alcohol on movie sets

The Kerala High Court on Monday directed the Special Investigation Team (SIT) investigating sexual harassment complaints related to the Malayalam film industry to also examine the extensive use of alcohol and drugs on film sets and associated workplaces [Joseph M Puthussery v State of Kerala & Ors].

While hearing cases related to the Hema Committee report, the special bench of Justice AK Jayasankaran Nambiar and Justice CS Sudha considered advocate TB Mini's request to direct the excise department to impose prohibitory orders against the consumption of drugs and alcohol on film sets.

In response, the Bench emphasized that the SIT must take necessary legal measures to address and prevent the excessive use of alcohol and drugs in movie sets.

"We also note that the report of the Committee refers to the rampant use of alcohol/drugs in the film shooting sets and other connected workplaces. The SIT shall conduct investigation into the same and take necessary action as contemplated under law. Necessary steps as and when required shall be taken in future also to prevent such rampant use of alcohol/drugs at shooting locations and other connected work sites, which use are in violation of the relevant provisions of law," the Bench directed.

Continuous steps must be taken in the future to prevent such activities, the Court added.

The special bench was considering petitions seeking probe into the findings of the Hema Committee report and action against culprits.

The special bench which was constituted to hear matters arising out of the report which revealed widespread sexual harassment and casting couch practices in the Malayalam film industry.

The Justice K Hema Committee was set up by the Kerala government in 2017 following a petition by the 'Women in Cinema Collective' to study issues faced by women in the Malayalam film industry.

The report was made public on August 19, albeit in a redacted form.

Several prominent members of the film industry have since been named as alleged perpetrators of sexual crimes including rape.

The matters before the special bench include a public interest litigation (PIL) petition seeking criminal action against those accused of sexual offences in the report.

After going through the unredacted version of the report, the Court on Monday noted that witness statements recorded in the Hema Committee report revealed cognizable offences.

Accordingly, the Court clarified that these statements should be regarded as ‘information’ under Section 173 (information in cognizable cases) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 and directed the SIT to act as per law.

Pertinently, the Court insisted that the SIT must ensure the anonymity of victims and survivors during the investigation process.

"The name of the victim/survivor shall be masked in the FIR, and no information shall be made public," the bench ordered.

Further, it added that the accused would only receive a copy of the report upon the filing of the final report.

In terms of the investigative process, the Court directed the SIT to follow relevant legal provisions.

The investigating officer must determine whether there is sufficient evidence to file a final report; if not, a referral report should be submitted.

The Court further clarified that there should be no compulsion for witnesses to provide statements. The SIT must reach out to victims and survivors for their accounts and if witnesses refuse to cooperate, or if there is insufficient evidence, then appropriate steps as per Section 176 (procedure for investigation) of BNSS should be followed.

Additionally, the Court noted that some parties were yet to file their responses to the counter affidavit submitted by the State.

The Court, therefore, directed them to do the same and posted the matter for hearing on October 28.

[Read Order]