The Supreme Court has declined to entertain a plea challenging the Kerala High Court's order directing a Special Investigation Team (SIT) to register FIRs and investigate allegations of sexual exploitation of women artists in the Malayalam film industry.

The petitioners had argued that the investigation was initiated solely based on the 2019 Justice Hema Committee report without substantial supporting evidence.

A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta emphasized that the police cannot be restrained from proceeding as per legal provisions. "There can be no direction to injunct or restrain the police officer from proceeding in accordance with the law," the bench stated.

The plea was filed by film producer Sajimon Parayil, along with an actress and a witness, who contended that they were being pressured by the SIT to provide statements. They challenged the Kerala High Court’s order, which refused to consider their petition.

The Supreme Court underscored that, under criminal jurisprudence, once information is received or if a police officer has reason to suspect a cognizable offense, they are obligated to act as per Section 176 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court also noted that the Kerala High Court’s division bench, in its October 14, 2024 order, had directed the SIT to proceed lawfully and was monitoring the case through subsequent orders.

The petitioners asserted that they did not oppose lawful criminal prosecution, provided there was credible evidence gathered by the SIT. However, they contended that the FIRs and preliminary inquiries (PEs) were hastily registered after the Supreme Court issued a notice on October 23, 2024, suggesting a mala fide attempt to preempt judicial scrutiny.

Addressing concerns about coercion, the Supreme Court ruled that individuals compelled by the SIT to depose could seek relief from the Kerala High Court. "We leave it open for the affected persons who had deposed before the Hema Committee and are being compelled by the SIT to approach the High Court for redressal of their grievances," the bench stated. The high court will also determine whether the FIRs are based on substantive material or are being filed without sufficient evidence.

The matter was accordingly disposed of, granting liberty to the petitioners to seek appropriate remedies from the high court.

Background: In 2017, the Kerala government constituted the Justice Hema Committee upon the request of Women in Cinema Collective (WCC). The committee, led by retired High Court judge Justice K. Hema, included actor T. Sharda and former bureaucrat Ms. Basala Kumari. It was tasked with examining the working conditions, welfare, and challenges faced by women in the Malayalam film industry.

The committee submitted its report on December 31, 2019. However, no significant action was taken on its recommendations for an extended period. Meanwhile, Sajimon Parayil filed a writ petition before the Kerala High Court seeking to prevent the report’s publication, citing privacy and confidentiality concerns. On August 13, 2024, a single-judge bench dismissed the petition, ruling that Parayil lacked locus standi.

Subsequently, activists petitioned for the report’s disclosure. On September 10, 2024, the high court’s division bench approved the formation of an SIT under the Director General of Police. The team, comprising seven members and led by the Inspector General and Commissioner of Police, Thiruvananthapuram City, operates under the supervision of the Additional Director General of Police, Crime Branch.

Case Title: Sajimon Parayil Vs State of Kerala & Ors