In response to shocking revelations made by a judicial committee investigating cases of violence and discrimination against women in the Malayalam film industry based on statements made by female artists against prominent actors and directors in the industry, the Supreme Court on Monday granted protection from arrest to Malayalam film actor Siddique in an alleged rape case brought against him by an actress.
The victim waited eight years to file her complaint, and the court questioned this, asking, “I am sure this is not the only industry where this is taking place.” The bench was led by justice Bela M. Trivedi. On January 28, 2016, Siddique invited the victim, who was 19 at the time, to a preview screening at a hotel. The victim was hoping to get a break in the film industry. But the lawsuit wasn’t filed until after the August publication of the Justice Hema Commission report this year.
The bench, which also included Justice Satish Chandra Sharma, noted the eight-year gap in bringing the complaint and asked the movie star, “What prevented you from coming forward for eight years?” as it prepared to award the star temporary protection and provide notice on his petition for anticipatory bail.
“In the meantime, in the event of the petitioner’s arrest, he shall not be arrested,” stated the court order. The court’s relief was granted on the understanding that Siddique would assist with the investigation and follow any guidelines that the trial court may establish.
The state administration was fiercely against providing any relief to the well-known actor when it constituted the justice Hema panel in 2019. In support of the Pinarayi Vijayan-led Kerala administration, Additional Solicitor General (ASG) Aishwarya Bhati stated that the state had formed a Special Investigation Team (SIT) to look into the cases filed in response to the report’s findings. She stated that even if the accused is still missing, his statement needs to be documented.
The victim, represented by lawyer Vrinda Grover, said to the court that her account of what happened was never accepted because she was a newbie to the field at the time. Siddique indicated an interest in the victim viewing her Facebook pages back in 2014. Siddique was a well-known star in the Malayalam cinema industry at the time. “I have provided a thorough account of the incident that took place in the hotel room in 2016,” Grover declared.
With the argument that the hotel records corroborated the victim’s account, even the state had accepted her version of events. Grover claimed that the Hema Commission on Justice had clarified the factors preventing women like her from openly filing complaints.
Siddique served as secretary of the Association of Malayalam Movie Artists (AMMA), a well-known organization for actors in Kerala, until he resigned in response to a rape charge that was filed against him.
Senior counsel Mukul Rohatgi, who represented the actor in court, questioned the victim’s 2016 quiet. “At 67 years old, I have acted in more than 380 films,” he declared. Nothing of the kind that has been claimed against me has happened in the last 40 years of my profession. He also told the court that he didn’t believe the victim’s account in the complaint because she had visited the hotel with her parents.
According to ASG Bhati, there are areas in our society that receive no sunlight. This is one of such places. No novice would dare to register a complaint against him because he is a superstar in Malayalam film. She cited the 29 examples described in the Justice Hema Commission report when women were mistreated in order to receive film offers. She stated that while the victim’s statement in the current case has been recorded, the investigations into the other 29 incidents are still ongoing.
While Siddique faced the possibility of being arrested after the HC ruling on September 24 denying him pre-arrest bail, actors and directors facing similar allegations were given anticipatory bail by the high court.