The Kerala High Court on Monday directed a trial court to reconsider Malayalam actress Ansiba Hassan's plea for the registration of a First Information Report (FIR) against actress Lakshmi Priya and two representatives of an online media outlet, Can Channel Media [Ansiba Hassan v State of Kerala & ors].
The matter concerns a video circulated on social media of an interview given by Lakshmipriya to Can Channel. Hassan claims that the interview included sexually coloured remarks against her, which were intended to outrage her modesty and damage her reputation.
She asserted that Lakshmipriya's comments and the circulation of such content disclosed the commission of cognisable criminal offences.
However, on July 27, an Ernakulam Judicial First Class Magistrate dismissed her plea to order the registration of an FIR into the matter. Hassan had challenged this order before the High Court.
Today, Justice Jobin Sebastian ordered the trial court reconsider the matter.
"The matter is remitted to the learned Magistrate for fresh consideration. The Magistrate shall independently examine the allegations contained in the complaint and the material available on record and determine, in accordance with law, whether the allegations prima facie disclose commission of a cognisable offence and, if so, whether the circumstances warrant a direction for police investigation. The learned magistrate shall also consider whether police investigation is necessary for the purpose of collection of evidence which cannot be effectively secured by the complainant herself," the High Court ordered.
The case arose from an interview given by Lakshmi Priya to Can Channel Media, amid an ongoing feud between Lakshmi Priya and Hassan.
Hassan filed a complaint against Lakshmi Priya, Can Channel Media owner Sukumar and interviewer Suresh in her complaint, alleging that they portrayed her as 'a woman of immoral character' and thereby committed offences under Sections 75 (iv) (sexual harassment) and 79 (outraging modesty of woman) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
She also alleged the commission of offences under Sections 67 (publishing/transmitting obscene material in electronic form) and 67A (publishing/transmitting sexually explicit material in electronic form) of the Information Technology Act, 2000 and Section 119(a) (punishment for atrocities against women) of the Kerala Police Act, 2011.
The magistrate called for a report from the police and the report stated that no cognisable offence was disclosed and that Hassan could pursue a private defamation complaint instead.
Accepting the police report, the magistrate declined to direct the registration of FIR.
This was then challenged by Hassan before the High Court, through a petition filed through advocates Muhammed Firdouz AV and Gentle CD.
The High Court has now sent the matter back to the trial court.
On a related note, a magistrate had earlier directed the registration of an FIR on a complaint filed by Hassan against actor Tini Tom over alleged derogatory remarks made by him against her during discussions at the Association of Malayalam Movie Artist (AMMA).