SC extends interim protection to rape-accused Malayalam actor Siddique for two weeks
New Delhi (PTI): The Supreme Court on Tuesday extended the interim protection from arrest till further orders granted to Malayalam film actor Siddique in an alleged rape case.
A bench of Justices Bela M Trivedi and Satish Chandra Sharma allowed Siddique to file his rejoinder affidavit to the status report filed by Kerala police, which alleged lack of cooperation in the investigation on his part.
Senior advocate V Giri, appearing for Siddique sought time to file a rejoinder affidavit to the status report but claimed that his client had been cooperating with the police's investigation.
Senior advocate Ranjit Kumar, appearing for the Kerala police, said Siddique was hindering the investigation and had destroyed electronic devices besides deleting social media accounts.
The bench pointed out the survivor had lodged the complaint eight years after the incident.
Kumar said the survivor was only reiterating the incident on social media and had mustered the courage after the Justice (retired) Hema Committee report, which highlighted the situation prevailing in the Malayalam film industry.
"My apprehension is two-fold. First, he is not cooperating in the investigation. When he does come, he comes with a prepared statement that he won't answer anything more and that he can't recollect. Second, after the FIR, he has closed his Facebook account. He does not want us to get access," Kumar submitted.
Advocate Vrinda Grover, appearing for the survivor, said she had been repeatedly raising the issue on her Facebook account since 2018 and it was "difficult to go against a superstar of the industry".
The bench granted two weeks' time to Siddique to file a rejoinder affidavit and posted the matter after Diwali vacations.
The status report filed by Ajichandran Nair, ACP, Narcotics Cell, of the Kerala police stated the interim protection from arrest granted to Siddique in the case had emboldened him besides demoralising and intimidating not only the survivor but also others in the film industry.
"The Supreme Court order granting interim relief to the petitioner has emboldened the accused, leading his fans to celebrate by distributing sweets on the day the bail matter was first heard in the Supreme Court. This celebration, apart from being in poor taste, is a crass and a light-hearted mockery of the seriousness of the legal proceedings that are underway against the petitioner who has been accused of a very grave offence," it said.
The police has said though the investigation was at an initial stage, there was a "stockpile of evidence" against him.
Emphasising on the need for Siddique's custodial interrogation, Kerala police has said it was essential to expose his "lie of righteousness" before he went down in history as a hero and got "venerated by subsequent generations as worthy of emulation".
On September 30, the top court granted him interim protection from arrest in the case and directed him to cooperate in the investigation.
The police said the actor, who has worked in over 350 Malayalam films, was trying to disrupt the smooth flow of the investigation by "working overtime to weaken the case".
Kerala police's affidavit said, "This has not only severely demoralised and intimidated the victim but also other powerless victims in the film industry who were warily waiting to see the outcome of the proceedings of the anticipatory bail hearing as the case is being widely reported on by the media and has been attracting much public attention."
According to the police, the witnesses who had boldly come forward after the committee's report, would now be taking a step back if the interim protection was indefinitely prolonged.
"The process (of investigation) is a lengthy one and will provide ample opportunities and time for the accused to meddle with the investigation if his pre-arrest bail is extended indefinitely. It will create a barrier to effective investigation. In light of the complicated investigation involved in the crime that happened eight years ago, and the various layers of the sequence of events that needs to be unearthed as part of investigation, it is essential that the accused is in custody while the crucial investigation and evidence gathering is underway," the police said.
Considering the "influence and clout" of the accused, the police said evidence will be tampered with and witnesses will be threatened, and therefore, making the actor's custodial interrogation "absolutely necessary".
Siddique, who was booked for offences under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC), has claimed in his plea that complainant woman had subjected him to a "prolonged campaign of harassment and false accusations since 2019.
Multiple FIRs were registered against many high-profile personalities in the Malayalam film industry following allegations of sexual harassment against various directors and actors in the wake of the revelations in the Justice (retired) Hema Committee report.
The committee was formed by the Kerala government after a 2017 actress assault case and it revealed instances of harassment and exploitation of women in the Malayalam film industry.
Following the allegations of sexual harassment and exploitation against several actors and directors, the state government announced the establishment of a seven-member special investigation team to probe the charges on August 25.
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SC permits Teesta Setalvad to travel to Amsterdam for film festival
New Delhi, Oct 22: The Supreme Court on Tuesday permitted activist Teesta Setalvad to travel between November 14 and November 24 to attend the International Documentary Film Festival in Amsterdam.
Setalvad had received an invitation from the organisers to attend the festival in her capacity as producer of the documentary film Cycle Mahesh.
A bench of Justices B R Gavai and K V Viswanathan allowed the plea filed by Setalvad and directed her to file an undertaking before it that she would return to India as scheduled and face trial.
"The applicant is, therefore, permitted to travel to Amsterdam, Netherlands, for a period of 11 days from November 14, 2024 to November 24, 2024. The applicant’s passport be returned to her so that she can travel abroad," the bench held.
The top court ordered Setalvad to furnish a solvent surety or a cash surety or a surety in the nature of fixed deposit receipt in the sum of Rs 10 lakh to the satisfaction of the sessions court, Bhadra, Ahmedabad.
"On her return from Amsterdam, Netherlands, the applicant shall re-surrender her passport to the trial judge," the bench said.
The apex court had in July, 2023, granted her regular bail in an alleged case of fabrication of documents to frame innocent people in the 2002 post-Godhra riots cases.
During the hearing on Tuesday, senior advocate Kapil Sibal, appearing for Setalvad, said she had filed an application seeking to travel abroad as the apex court had in July, 2023, directed for her passport to be in the custody of the sessions court.
"My documentary has been awarded in Amsterdam. I (Setalvad) am seeking your lordships permission to go to Amsterdam from November 14 to November 24," he informed the bench.
Solicitor General Tushar Mehta, appearing for the Gujarat government, did not object to the plea.
Mehta said though the state government had no objection to Setalvad travelling abroad, it was necessary to impose certain conditions to ensure she faced the trial upon her return.
The top court had on August 20 allowed Setalvad to travel to Malaysia for a conference while directing for her passport to be returned to her.
On July 19, 2023, the apex court quashed the July 1 order of the Gujarat High Court, which had denied bail to Setalvad in the case.
Setalvad's passport, which she had already surrendered, was directed to remain in the custody of the sessions court, and she was ordered not to influence witnesses.
The top court had noted the submissions of Setalvad's counsel that the FIR against her was lodged following a judgment by the apex court on June 24, 2022 in the case of Zakia Jafri, who alleged a larger conspiracy behind the 2002 communal riots and challenged the high court's October 5, 2017 order rejecting her petition against the finding of the Supreme Court-appointed special investigation team.
Jafri is the widow of former Congress MP Ehsan Jafri, who was among those killed at the Gulberg Housing Society during the violence.
Setalvad was arrested a day after the apex court's judgment in the Zakia Jafri case.
The FIR against Setalvad and two others -- former IPS officer Sanjiv Bhatt and former DGP R B Sreekumar -- followed the apex court's observation that some people kept "the pot boiling" of the case "for ulterior design" and "all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with the law".
