Kerala HC orders SIT to investigate Alcohol/ Drugs use in Malayalam Film Industry

On 14th October, 2024 while acknowledging the seriousness of the situation the Kerala High Court bench of Justice Dr. A.K. Jayasankaran Nambiar and Justice C.S. Sudha ordered a  Special Investigation Team (SIT) to investigate the use of alcohol and drugs in the Malayalam Film Industry. 

“We also note that the report of the Committee refers to the rampant use of alcohol/drugs in the film shooting sets and other connected workplaces. The SIT shall conduct investigation into the same and take necessary action as contemplated under law. Necessary steps as and when required shall be taken in future also to prevent such rampant use of alcohol/drugs at shooting locations and other connected work sites., which use are in violation of the relevant provisions of law.” the court stated.

The bench examined the Justice Hema Committee report, including the redacted portion   that contained witness statements revealing the commission  of cognizable offenses. The court observed that  as per the Order dated 10th September, 2024, the statements given before the committee  will be regarded as 'information' under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and, ‘’the  SIT  shall   take necessary action in line with the provision of Section 173(3) of the BNSS’’.

The SIT was also instructed to , “take all necessary precautions to ensure that the name of the victim/survivor is not disclosed or made public’’. “The victim/survivor's name should be concealed in the FIS/FIR’’. “The SIT must also ensure that the FIS is not uploaded or made public, and a copy of it should only be provided to the victim/survivor, as specified under Section 173(2) of the BNSS. The accused will only have access to it after the final report is filed’’, stated the court.

The SIT was also instructed to carry out the investigation as per relevant provisions of law.   Once the investigation is complete, the investigating officer will determine if sufficient evidence exists to file a final report under Section 193 of the BNSS, and will proceed accordingly. If there is insufficient evidence, the investigating officer would need to file  a refer report. 

In its action taken report dated 28th September, 2024, the SIT noted that none of the witnesses who provided statements to the Committee are willing to cooperate or give statements to the police to which the court stated that, “We reiterate that there cannot be any compulsion of the witnesses to give statement. The SIT on registration of a crime, shall take necessary steps to contact the victims/survivors and record their statements. In case the witnesses do not cooperate, and there are no materials to proceed with the case, appropriate steps as contemplated under Sec.176 BNSS shall be taken.”

The court in its order  stated that, “as per the order dated 03/10/2024, the petitioners and respondents were directed  to file  their responses to the counter affidavit filed on behalf of the  State of Kerala( 1st respondent).” Some responses were yet to be filed. The learned Advocate General stated that the 1st respondent would submit a comprehensive reply after receiving the responses from the other respondents. Hence the court further directed that any respondent who had not yet filed their response was required to do so within two days, and the 1st respondent was to file their reply within a week thereafter.

Advocate for the Petitioner: T.ASAFALI LALIZA.T.Y. 

Advocate for the Respondent: Public Prosecutor, Senior G.P. V.Manu, Advocate General K.GOPALAKRISHNA KURUP. 

Case Details: Joseph. M. Puthusserry v. State of Kerala & Ors. WP(C) NO. 31639 OF 2024