HC asks nodal officer to accept complaints from victims who did not testify before Hema Committee

Kochi: Amid the probe into the complaints of sexual harassment in the Malayalam film industry, the Kerala High Court on Thursday ruled that the women who did not appear before the Justice Hema committee can also file their complaints with the nodal officer. Extending the jurisdiction of the nodal officer, the court ordered that complaints on any grievances of harassment or abuse from persons in the film industry should be accepted without examining whether the complainant testified before the committee or not. However, the complainants should reach the nodal officer by January 31.

The nodal officer should forward these complaints to the Special Investigation Team (SIT) for further investigation, pronounced the court.

On November 27,  the Special Bench of Justice AK Jayasankaran Nambiar and Justice CS Sudha had directed the SIT, probing offences relating to Justice Hema Committee Report, to nominate a nodal officer to prevent alleged intimidation and threatening of witnesses by the accused or other persons. The court issued the order while hearing a plea submitted by Women in Cinema Collective.

The state government appointed G Poonguzhali IPS, AIG coastal security as the nodal officer and immediate contact person for the victims of cases registered following the release of Hema Committee report.

During the hearing on Thursday, Senior Advocate Gopal Sankaranaryanan, representing WCC enquired if it would be possible for the SIT to listen to the complaints of other persons who are similarly harassed but were not before the Justice Hema Committee. In response to this, the court asked the nodal officer to accept complaints from all women who faced similar grievances in the film industry.

Jan 31 deadline 
The court ruled that the victims who keep mum must file their complaints before the nodal officer by January 31.

“This window is open only for the purposes of this. Suppose you have a complaint of harassment, you can always go to the police station… …the only advantage you get through this window is that you get confidentiality, whereas when you go to normal SHO, your name will come as complainant… why would a person who is already aggrieved wait for a period beyond what the Court is permitting…You already have a platform….there is a certain protection that we can ensure…it will be from SIT to Court and no interference in between. If that does not inspire the confidence of those persons, then nothing will,” the court orally remarked.

Though Advocate Sandhya Raju argued that the deadline must be extended as many persons remain fearful and would need more time to come forward, the court declared that SIT cannot continue indefinitely since it is carrying criminal investigations.

The division bench added that aggrieved persons can approach police at any time even after January 31st. The High Court will continue further hearing into the matter after vacation.
(With Live Law inputs)