New Delhi:The Kerala police, opposing Malayalam actor Siddique's interim protection arrest, has told the Supreme Court that his plea should be dismissed as his brutality crossed all limits and stressed that it is essential to expose his lie of righteousness before he goes down in history as a hero and gets venerated by subsequent generations as worthy of emulation.
The police said it is imperative Siddique is unmasked. Siddique was a member and former general secretary of the Association of Malayalam Movie Artists, an organization that centralized all power in the movie industry and has acted in over 350 Malayalam movies. The apex court on September 30 granted interim protection from arrest to Malayalam actor Siddique in a rape case lodged against him by an actress.
The status report was filed on October 19, by the Assistant Commissioner of Police, Narcotic Cell, Thiruvananthapuram City. “At the very outset, I would like to convey my expostulation about the unfairness of the special leave petition violating the nobility of womanhood. The intention apart from getting bail is to revile and malign a poor rape victim treating her with utmost rancour and disrespect”, said the report.
The police urged the apex court to dismiss Siddique's anticipatory bail plea “as the brutality of the accused crossed all limits”. “It is essential to expose his lie of righteousness before he goes down in history as a hero and gets venerated by subsequent generations as worthy of emulation. It is hence imperative that he should be unmasked”, said the report.
The police emphasized that though the investigation is at the initial stage, there is a stockpile of evidence against him, and added that considering the influence and clout of the accused some of the evidence will be tampered and witnesses will be threatened.
The police said the witnesses who have boldly come forward after the Justice Hema Commission report, will step back if the interim protection to the accused is indefinitely prolonged.
“The custodial interrogation of the petitioner is absolutely necessary in this case for the reasons reported. Moreover, if bail is granted a message will be sent that the policy of zero tolerance towards crime against women and children is a mere illusion”, said the report.
The police said considering these factors, the petitioner’s influence, the risk to the integrity of the investigation, and the broader public interest in cases involving crimes against women are strong grounds for opposing bail. The Kerala police filed its status report before the apex court through advocate Nishe Rajen Shonker.
The police stressed that Siddique is an extremely influential person in society, with wealth, power and clout and he commands a leading position in the Malayalam film industry and has the entire industry under his control.
The police said he has the ability to obstruct the course of justice and scuttle the investigative machinery and the apex court should not give precedence to his personal liberty over the threat of disrupted investigation. “If bail is granted to the petitioner, the victim will be deprived of the right to a free and fair investigation owing to the immense might wielded by the petitioner”, said the report.
The police said several case laws underscore the judicial recognition that protecting victims and witnesses, especially women, is crucial when the accused has the means to influence the process. In the present case, given the petitioner’s industry clout and the potential to intimidate witnesses, these risks must be factored in to deny bail, it said.
The police said courts must ensure that the investigative process is not undermined by the accused’s influence or capacity to thwart justice. “Hence it is absolutely essential to repudiate his prayers so that the society may understand again that ever so high a person be, law is still above”, it said.
The police said the investigation process is highly complex and has to obtain evidence from third-party social media intermediaries, which includes Facebook, Skype etc. The police said the process 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 8 years ago, and the various layers of the sequence of events that need to be unearthed as part of the investigation, the accused must be in custody while the crucial investigation and evidence gathering is underway. It is very necessary to take note of the fact that the accused is trying to disrupt the smooth flow of the investigation by working overtime to weaken the case”, said the police.
The police said the investigation team zeroed in on the fact that Siddique had deactivated his Facebook account through which he lured the victim, shortly after the registration of the case.
The police said the victim has also stated that other women who were similarly approached by the petitioner had shared their experience of the same with her. “The gadgets of the petitioner are required for examination by the police as part of evidence collection in the case. As per the statement of a witness, the petitioner contacted him with queries regarding destroying his gadgets in a bid to wipe out evidence of his acts. This makes custody of the accused inevitable for retrieval of the said gadgets”, said the report.
The police stressed that the collection of digital evidence could not be done which is pivotal in the case as all the communication between the accused and victim occurred over digital platforms. The report said at this juncture custodial interrogation is inevitable for effecting recovery of these gadgets, as the petitioner has himself stated that he has discarded these gadgets.
“More importantly, the investigation so far has already revealed the ill intent of the petitioner as he has attempted to destroy his mobile phones in the period he went absconding to avoid examination of these devices by the police. A witness has testified to the same before the police. Hence the apprehension that the petitioner will further scuttle the investigation is well founded and based on events that have already unfolded in the brief period since the case was registered”, said the report.
Siddique, in his plea, has stated that he is willing to cooperate with the investigation and that his custodial interrogation is unnecessary. “The ‘willingness’ of the petitioner to cooperate has been limited to merely appearing before the SIT , after the interim protection was granted by the Supreme Court. However, he has not cooperated in the interrogation and given evasive, contradictory and tutored answers to the police, citing forgetfulness, knowing fully well that he is under the interim protection of the Supreme Court”, said the police, seeking dismissal of the plea filed by Siddique.
The police emphasized that the custodial interrogation of the petitioner is vital to the case for unearthing the exact sequence of events that have unfolded in the last 8 years, and also for recovery of the digital devices which the petitioner has used to contact the victim.
The police said following the apex court order on September 30, 2024, Siddique sent an email expressing his willingness to appear before the investigation team.
The investigation team directed the petitioner through email to produce the details of his Facebook accounts, Skype account, other social media accounts and his electronic gadgets used in the relevant period, in order to verify the communication between the victim and the petitioner. He was also asked about the details of vehicles used in the said period. “The petitioner appeared on October 7, 2024, with a signed letter stating ‘the instruments which I had used earlier were discarded by me’. He further states, ‘These instruments have no relevance to your investigation. Hence production of the mobile phones now used by me is unnecessary. Further, their production before the police and their examination will result in an unwarranted invasion of my privacy”, said the police.
The apex court is scheduled to hear the matter on October 22. On September 30, a bench comprising of justices Bela M Trivedi and Satish Chandra Sharma issued notice on his plea challenging the September 24 order of the Kerala High Court dismissing his bail plea. The case against Siddique arose in the wake of the Justice Hema Committee report on sexual harassment and gender inequality against women in Malayalam cinema.
The complainant, a young actor, had raised the allegation through the media, following the release of the report. The woman filed a complaint with Thiruvananthapuram city police and an FIR was registered under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code. The complainant alleged that the crime occurred in 2016 at a Thiruvananthapuram hotel. Siddique has denied the allegations, calling it a “criminal conspiracy to tarnish the reputation of the entire Malayalam film industry”.
