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Delay in publishing Justice Hema Committee report to protect certain guilty in the Malayalam Film Industry.

By Adv  C K George

Thrissur, Aug  25  (IVC)    Going  through the  statements of the Kerala Chief Minister Pinarayi  Vijayan and his other cabinet ministers, it  could  rightly be observed that   the delay  for the publication of Justice K Hema Committee report on the plight of women in the Malayalam film industry was with  the  intention of protecting certain guilty persons.

                The  controversial report was submitted to the Chief minister on December 31, 2019  and it was  partly  published on August 19, 2024 after a long period of   five years and eight months.

                It  was  not justifiable  at all that  the  delay  in the  publication of Hema Committee report caused  as it  contained  the privacy of certain  cine stars  and hence it could not be published in full.         The  controversial letter dated 19-02-2020   was given to the Chief Minister  objection to publishing the report in full, after one month and 20 days after submitting the report.

                A pertinent question arose here that  why  the Justice    did not submit the objection letter while submitting the report whi

                As the controversial letter  of the Justice was the villain  of the piece in the  process of publishing the report, why  the Justice  did  not give  to  the  Chief Minister  along with the  report is   a serious  question.     It  took for  one  and 20-for the  justice  to  give  a  letter objecting the  publication of the  report in full.

                The  government  was  at  liberty   to publish the report  before getting the letter from Hema , if the government really wanted to protect the victims of the Malayalam film industry.  Hence it  was amply clear from the acts of the Government  that it had an intention of  protecting the  guilty  in the industry  as Hema’s report  published in full  it would tarnish the image certain stars in the industry.  The fabricated delay  in the publication of the report  was to protect the Culprits that is what the criticism of the Opposition Leder V D Satheesan.

                The official sources have repeatedly stated that the Justice Hema Committee’s report was not binding. If the report was not binding, how the controversial letter of the producer of the report  would be  binding.  The appropriate  authorities are certainly  bound to answer  this question.

                The clarification of the Government that Hema’s  letter delayed the publication of the report was not justifiable. There  were  unconfirmed reports that  Justice  letter   dated 19-02-2020  was the result  of a well-hatched conspiracy  with  a view  to  protecting  the  certain  persons  in the industry.

                When the report was submitted by the  Justice  Hema, it is a public document and the justice had no role at all and it was not necessarily  to give heed to her letter.

                The  Government had taken all possible steps  to delay the publication of the report  referring it  to the Chief of the Police Department and State information Commission. The State Information is not  a  judicial  authority and  it  was  not  the appropriate  authority to decide on the report.  Instead, it   should have  referred to the Advocate General for  comments.

                It was evident  from the  above that  the Justice had no objection ,in the  initial stage, in publishing the report in full.  The letter was the hindsight. Now  the arose here is whether the Government could go ahead with revelation in the report  with the criminal proceedings against the guilty persons in the industry . 

                According to  the  legal  experts  here, the government  was empowered  to  initiate criminal proceedings against the  guilty without  individual complaints from the    victims. It is empowered to take  action against the  guilty  persons  who committed cognizant offence  when the appropriate  authority  came to know  of it, they said.

                The  insistence of  the Government that  the  victims  should file  individual  complaints  for  action was  not justifiable.  It  would  be tantamount to a tempest in the day of whirlwind (Edivettavane Paambukadikkunna Anubhavm) and it was the bourgeois attitude. Even though  the Government had referred the report to State Information  Commission. It had not abided by the directives of the Commission.

                The  Commission had directed  the appropriate authority  to release the report , deleting the  paragraphs from 165 to 196. But at  the same time, the report was published ,deleting  pages 49  to 53, which  the Commission had  not  asked to  delete. On the contrary, the 98 the paragraph of the  page no 48 was published  which the Commission had directed not to  publish.

                It  would be observed from above clearly,  that the  contents of the report which the  had  directed  not  to publish, had been published.   The  government had the intention of protecting the  guilty in the Malayalam film industry by not publishing the  report  on time  on flimsy  and flippant  grounds. 

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