PIL before Kerala High Court seeks CBI probe into Justice Hema Committee Report

A public interest litigation (PIL) petition has been filed before the Kerala High Court seeking a probe by the Central Bureau of Investigation (CBI) into the allegations in the Justice K Hema Committee Report regarding widespread sexual abuse of women within the Malayalam film industry. [Jannath & Anr. v. State of Kerala & Ors.].The PIL moved by a law student and a practicing lawyer has also sought the formulation of a special law for the protection of women in the industry..Justice K Hema Committee was set up by the Kerala government in 2017 following a petition by the 'Women in Cinema Collective' to study the issues faced by women in the film industry.While the report was submitted to the State government in 2019, it was only earlier this year that the State Information Commission allowed a request by certain parties, mostly journalists, for access to the report after redaction of personal information to protect the privacy of witnesses.The redacted report was released on August 19, after two unsuccessful court challenges to halt its publication.Since then, several women actors and other members of the film industry have come forward with serious allegations of sexual harassment and assault at the hands of prominent actors, producers and directors. Actors Siddique, Mukesh, and Manianpilla Raju, and director VK Prakash have filed for anticipatory bail in the cases against them..The present PIL has contended that the State government's failure to present the report in the Legislative Assembly even though the report was submitted over 5 years ago doubt on its real intentions.As per the plea, State has continued to be reluctant to register criminal cases based on the statements made by women against members of the film industry. "The persons who are now accused and called out by survivors/victims are people with high political influence and affluent people and therefore there is a reasonable apprehension that they shall be unfairly protected and that an impartial investigation shall not be conducted," the petition states. This amounts to miscarriage of justice and violation of Articles 14 and 21 of the Constitution of India as well as the Vishakha guidelines laid down by the Supreme Court, it has been contended."The argument advanced for keeping the report undisclosed and not taking any legal measures under the guise of privacy is totally unacceptable. It is a legal norm that the privacy of the victims and survivors are to be protected and not that of the accused," the PIL argues. .It is noted in the PIL that another petition has already been filed before the High Court seeking criminal action against those accused of sexual offences in the report. The Court has in that case ordered the State to submit a single copy of the complete report, without any redactions, in a sealed cover..The PIL-petitioner has submitted that if offences are made out in the unredacted copy, then an impartial investigation would be necessary by an unbiased investigating agency such as the CBI under the supervision of the Court. .Advocate Deepa R Menon is representing the petitioners..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.