Kerala Court orders FIR against actor Tini Tom on actress Ansiba Hassan’s complaint

An trial court in Ernakulam has ordered the Kadavanthara police to register a first information report (FIR) and investigate a private complaint filed by actress Ansiba Hassan against actor Tini Tom for allegedly making derogatory remarks against her [Ansiba Hassan v Tiny Tom & anr].

Ansiba Hassan, best known for her role in the 'Drishyam' movie franchise, has accused Tini Tom of making several objectionable comments, including referrng to her as a 'jihadi' and remarking that there is an 'issue' with her DNA, while speaking at the Association of Malayalam Movie Artists (AMMA) office.

Hassan approached the judicial magistrate first class court in Ernakulam for relief after the police declined to register a criminal case in the matter.

On Tuesday, Judge Kavya Soman observed that allegations were tied to offences like outraging the modesty of women, sexual harassment, outraging religious feelings etc., under Sections 74, 75(iv), 79, 299 and 302 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 119(a) (punishment for atrocity against women) of Kerala Police Act.

The court found that materials placed before it prima facie disclosed the commission of the alleged offences and required investigation.

"Whether there was criminal intent or not could only be determined after collection of entire evidence. Prima facie, there is element of cognizable offence committed against the complainant by the respondent and the same needs investigation," the court said.

The magistrate had earlier called for a report from the police before to decide if further action was warranted.

While examining the report, the magistrate noted that one of the witnesses, Neena Kurup, had told the police that Tom made remarks against Hassan at the AMMA office in Kaloor. Kurup further claimed that actress Swetha Menon, former president of AMMA, had also heard Tom make similar remarks.

The court noted that the police had failed to clarify whether Swetha Menon was questioned on this aspect or whether she denied making such a statement to Kurup. The omission, according to the court, left an important part of the enquiry incomplete.

It also took note of a police report which recorded that Tom referred to Hassan with remarks such as 'double daddy syndrome' 'issue with DNA' and 'Jihadi'.

Although the police concluded that the remarks were made in a playful manner without criminal intent, the magistrate held that such a finding could not have been reached without a detailed investigation.

"Only after having a detailed investigation, a proper conclusion in this matter would arise," the court stated.

The court also rejected objections regarding whether the Kadavantha police had the territorial jurisdiction to investigate te case.

It clarified that if it is found that another police station has territorial jurisdiction during the course of investigations, the case could be transferred to the relevant police station as per law.

Advocates Muhammed Firdouz AV and Libin Varghese represented Ansiba Hassan.

[Read Order]