The High Court on Monday directed the Special Investigation team (SIT) to conduct a preliminary inquiry into the statements of witnesses recorded by the Hema Committee and to proceed with the investigation if a prima facie case exists. In an order issued by judges A K Jayasankaran Nambiar and C S Sudha, it was pointed out that the court has gone through the entire Justice Hema Committee report, including the redacted portion.
"We find that the statement of many witnesses recorded by the Committee reveal commission of cognizable offences. Hence, the statements before the Committee shall be treated as ‘information’ as contemplated under Sec. 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the SIT shall take necessary action," according to the order.
According to Section 173 of BNSS, ) on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days or proceed with investigation when there exists a prima facie case considering the nature and gravity of the offence.
The SIT has been directed to take all precautions to see that the name of the victim/ survivor is not revealed or made public. " The name of the victim/ survivor shall be masked in the FIS/FIR. The SIT shall ensure that the copy of the FIS is not uploaded or made public. The copy of the same shall not be issued to any person except to the victim/survivor. The accused shall be entitled to same only on filing of the final report," the order said.
The SIT shall proceed with the investigation as per the relevant provisions of law and on completing the investigation, the investigating officer will decide whether any materials are made out for filing a final report and if so, proceed accordingly. If not, the investigating officer shall file a refer report, the Court said.
In its action taken report filed on September 28, the SIT stated that none of the witnesses who have given statement before the Committee are ready to cooperate and give statement to the police. The HC reiterated 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 shall be taken, according to the order.
