In SC, Kerala Women’s Commission bats for HC order to give full Hema panel report to SIT

The Kerala Women’s Commission has filed an affidavit in the Supreme Court supporting the State High Court’s decision to hand over the “full” report of the K. Hema Committee to the Special Investigation Team (SIT) probing allegations of sexual harassment in the Malayalam film industry.

The statutory body protecting women’s rights was responding to a petition filed by producer Sajimon Parayil, represented by advocate Karthik Ashok, against the orders of the High Court in October to the SIT to investigate statements made by victims/witnesses to the Hema committee.

The women’s commission voiced incredulity about how Mr. Parayil was concerned with the decision to let the SIT, constituted by the State Police Chief, have the full version of the committee’s report.

“The High Court had specially directed the SIT to be mindful of the sensitivities that are required to be observed during the investigation and had directed to take note of the provisions regarding the privacy rights of the victims as well as those against whom allegations/accusations have been levelled,” the women’s commission affidavit said.

The commission alleged that Mr. Parayil was “indirectly trying to stall the investigation”.

The women’s body submitted that the High Court orders fell squarely under the parameters of the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

“None of the rights of the petitioner nor the rights of any witnesses/victims which he claims to advocate for are adversely affected,” the affidavit said.

The commission said the effort would be an attempt to mislead the apex court by distorting facts and making unsubstantiated statements, some of which were even against the records of the proceedings before the High Court.

Mr. Parayil’s petition had questioned the High Court’s insistence on registration of FIRs despite “disinclination” expressed by witnesses/victims themselves. It said the witnesses and victims were against the SIT taking any action on the basis of their statements to the Hema committee.

“Admittedly, the witnesses or the victims who are the aggrieved persons have already expressed their disclination. Therefore, any statement recorded in the report of the committee which was recorded almost five-six years ago cannot be considered as ‘information’ under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, especially when they are subsequently not asserted,” the petition had contended.

Published - November 22, 2024 09:52 pm IST