Actress Ansiba Hassan moves Kerala HC seeking FIR against Lakshmi Priya over sexually coloured remarks

Malayalam actress Anisba Hassan has moved the Kerala High Court challenging a trial court's refusal to direct registration of a First Information Report (FIR) on her complaint against actress Lakshmi Priya and two representatives of an online media outlet, Can Channel Media [Ansiba Hassan v State of Kerala & ors].

Hassan has contended that a video circulated on social media of an interview given by Lakshmipriya to Can Channel contained sexually coloured remarks intended to outrage her modesty and damage her reputation.

She has asserted that Lakshmipriya's comments and the circulation of such content disclose 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. 

The magistrate court declined to invoke its powers under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This provision empowers magistrates to direct the police to register an FIR if a cognisable offence is disclosed but where the police earlier refused to register a case.

Instead of going this route, the trial court said that the matter can proceed as a private complaint. Accordingly, the trial court asked Hassan to appear before it and give her sworn statement in the private complaint proceedings. 

Hassan has now challenged this turn of events, arguing that the magistrate’s order goes against the statutory scheme of the BNSS and Supreme Court decisions which state that FIRs are mandatory if cognisable offence is disclosed.

She adds that a police investigation is essential in this case, to secure electronic evidence, including digital records and social media data. She has, therefore, urged the High Court to set aside the magistrate’s July 27 order and direct the registration of an FIR. 

The case concerns an interview given by Lakshmi Priya to Can Channel Media, amid an ongoing feud between Lakshmi Priya and Hassan. 

Hassan says that a teaser of the interview, published on June 26, contained sexually coloured remarks and insinuations against her. The teaser promoted a longer interview, which she feared would cause irreparable damage to her reputation of released.

Hassan alleged that despite immediately informing the Station House Officer of Palarivattom Police Station and seeking intervention to prevent publication of the complete interview, the full video was released later that day.

She thereafter submitted a written complaint before the police and later approached the Ernakulam City Police commissioner after no FIR was registered.

Subsequently, she approached the magistrate seeking directions for the registration of an FIR. She named Lakshmi Priya, Can Channel Media owner Sukumar and interviewer Suresh in her complaint. She alleged 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 Section 119(a) (punishment for atrocities against women) of the Kerala Police Act, 2011.

The magistrate called for a report from the police. The police submitted that no cognisable offence was disclosed and that Hassan could pursue a private defamation complaint instead. 

The magistrate accepted the police report and declined to direct the registration of FIR.

This has now been challenged by Hassan before the High Court. The petition comes less than a month after a magistrate had 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).

The petition was moved by advocates Muhammed Firdouz AV and Gentle CD.