Kochi, July 30 (IANS) In a significant order, the Kerala High Court on Thursday admitted actor Ansiba Hassan’s petition challenging a Magistrate’s refusal to direct the police to register an FIR against fellow actor Lakshmi Priya and two officials of CAN Channel over the alleged circulation of objectionable videos aimed at tarnishing her reputation.
Justice Jobin Sebastian issued notice to the state, the Station House Officer of Palarivattom Police Station and the Ernakulam district police chief, granting them a week’s time to file their response.
The matter has been posted for further hearing next week.
During the hearing, the court closely examined the offences invoked by the petitioner and questioned whether the allegations disclosed the ingredients of the penal provisions cited.
Referring to one of the offences under the Bharatiya Nyaya Sanhita (BNS), Justice Sebastian orally observed that it was not a gender neutral provision and remarked that “only men can commit the offence”.
Counsel for Ansiba submitted that, besides Lakshmi Priya, two men had also been arraigned as accused – the one who conducted the interview and the other the owner of the YouTube channel through which the allegedly objectionable content was published.
The court, however, observed that merely conducting an interview would not, by itself, make the interviewer liable for the alleged offence.
It also traced the sequence of events leading to the petition.
After the police declined to register a case on her complaint, Ansiba approached the Judicial First Class Magistrate Court, Ernakulam.
Though the Magistrate sought a police report under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the plea for directing registration of an FIR was rejected.
When informed that the police had concluded that only the offence of defamation was attracted, the court questioned whether the Magistrate had specifically ruled out the applicability of other cognisable offences.
As the order did not clearly address that issue, the High Court admitted the petition for detailed consideration.
Ansiba has alleged offences under Sections 75(iv) and 79 of the BNS, Sections 67 and 67A of the Information Technology Act, and Section 119(a) of the Kerala Police Act, contending that the videos were circulated with the intention of humiliating and harassing her through social media.
–IANS
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