Breaking| Apex Court Grants Interim Protection From Arrest To Malayalam Actor Siddique In Rape Case

The Supreme Court has granted interim protection from arrest to the Malayalam Actor Siddique, who has filed a Special Leave Petition assailing the judgment passed by the Kerala High Court dismissing his anticipatory bail application in a rape case.

On September 24, 2024, while rejecting his anticipatory bail application the High Court had observed that the Government maintained a sphinx-like silence for five years on Justice Hema Committee Report regarding various forms of sexual harassment and exploitation faced by women in the Malayalam Film Industry.

The Bench of Justice Bela M Trivedi and Justice SC Sharma ordered, "Issue Notice...The Respondents accepted the notice...In the meantime there shall be no arrest of the petitioner on conditions by trial court and subject to him joining the investigation"

Senior Advocate Mukul Rohatgi appeared on behalf of Siddique and said, "Petitioner seeks anticipatory bail...others got it but I am refused. A complaint was lodged in 2024, after 8 years. There are some FB posts. Just because I am a well-known actor...He will be available"

Justice Trivedi asked, "What were you doing for eight years?...we are ordering bail."

ASG Aishwarya Singh Bhati appeared on behalf of the State and vehemently opposed the anticipatory bail application. She submitted that there are 29 pending cases after Justice Hema Committee Report.

Rohatgi said, "I have appeared in 365 movies for last 40 years, I will be available."

Advocate Vrinda Grover appeared for the Victim and submitted brief facts of the case. She said, "Look at the language used. See his conduct. In 2014 she was only 19 years old and he approached her on Facebook and liked her pics. In 2016 she was invited to a preview by a superstar. I have said in detail what happened in the hotel. This is about what happens when voice is raised against Harvey Weinstein like person."

It was the case of the prosecution that the survivor of the crime i.e., the victim had alleged that the petitioner-accused got in touch with her through Facebook in 2014. He allegedly interacted with her and her mother frequently over the phone and via Skype. She submitted that the accused encouraged her to work in the cinema and assured her of all help from his side. According to her, in 2016, the accused invited her and her parents to attend the preview of his movie ‘Sukhamayirikatte’, which they attended.

Thereafter, he invited the victim to a hotel for lunch and to discuss on a new film in which his son was proposed to play the lead role. Hence, she went to the hotel room where the accused made her sit on a chair near his bed and explained the adjustments and compromises that are expected of women to excel in the field. After that, the accused allegedly touched her genitals and removed her clothes and inner garments and bit and licked her body, breasts, and vagina.

She tried her best to push away him, but he confined her. It was further alleged that he attempted to have sexual intercourse, which the victim resisted. The survivor got angry, sad, and broke down. She told him that she would tell people about the incident to which he replied that no one would believe her. Even after the incident, the accused allegedly attempted to contact her and resultantly, she blocked him. It was submitted that the trauma was so much that she could not reveal the whole incident even to her parents. In 2019, she gathered courage and mentioned the harassment in a Facebook post and subsequently, she got threatening messages, due to which she never had the courage to complain. Finally, an FIR was registered against the accused for allegedly committing the offences punishable under Sections 376 and 506 of the Indian Penal Code ('IPC').

Previously, the Kerala High Court had also dismissed a writ petition preferred against the order of the State Information Commission directing the State Public Information Officer (SPIO) to provide the information of Justice K. Hema Committee Report regarding environment for women employed in the Malayalam film industry. The writ petition was filed by a 57-year-old man named Sajimon Parayil challenging the said order.

Cause Title: Siddique v. State of Kerala and Anr. (SLP(Crl) No. 13463/2024)