Malayalam Actress Challenges Kerala HC Order in Supreme Court, Cites Academic Intent in Testimony

A Malayalam actress has approached the Supreme Court to contest a Kerala High Court directive that mandated the registration of an FIR and subsequent investigation based on her testimony to the Hema Committee. The actress asserts that her participation in the committee proceedings was purely for academic purposes and not intended to initiate any criminal action.

The actress had earlier appeared before the Hema Committee, formed to investigate various allegations of exploitation and harassment within the Malayalam film industry. Following her testimony, the Kerala High Court ordered an investigation, which the actress now seeks to halt, stating that she had no desire to pursue the case further and had communicated her disinterest to the investigators.

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In her petition, represented by lawyer Abid Ali Beeran, she emphasized that her contribution was intended to assist the committee in preparing a report to better understand industry conditions, not to serve as a basis for criminal charges. This stance is also reflected in her Special Leave Petition, which argues that her testimony was meant for “academic purposes” and should not be used to spark legal proceedings.

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The state government, however, argued before the Supreme Court that irrespective of the victim’s wishes to proceed, the accused must face consequences if warranted. The government disclosed that investigations are ongoing in 18 cases with additional names already included in the FIR based on other statements received by the Hema Committee.

The controversy underscores the complex dynamics between victim testimony, governmental actions, and judicial processes. While the SIT has decided to proceed with investigations into 40 incidents reported to the Hema Committee, the actress’s plea highlights a significant conflict over the use of such testimonies and the autonomy of the individuals providing them.

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This legal battle comes in the backdrop of the Justice Hema Committee’s broader mandate to examine the working conditions and safety of women in the Malayalam film industry. Headed by retired judge Justice Hema, the committee aimed to address complaints of sexual harassment, discrimination, and exploitation, offering recommendations to foster a safer and more accountable environment.

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