Kerala High Court Seeks State's Stand On Actor Ansiba Hassan's Plea Seeking FIR Against Lakshmi Priya Over Alleged Sexually Coloured Remarks
The Kerala High Court on Thursday (July 30) admitted a plea filed by actor Ansiba Hassan challenging a Magistrate order, refusing to direct the police to register an FIR and open an investigation against actor Lakshmi Priya and two others of CAN Channel, based on Hassan's complaint.
Hassan had preferred the complaint stating that the accused persons circulated objectionable videos of her on social media with an intent to tarnish her reputation and subject her to harassment and public humiliation.
Justice Jobin Sebastian today granted time to the public prosecutor representing the State, the SHO Palarivattom and the District Police Chief, Ernakulam to take instructions in the matter and posted the case after one week.
When the matter came up today, the Court orally inquired about the allegations made out:
"What is the allegation? Accused published a video through social media...What offence would be attracted on those allegations...79 and 75...One of the offences is not gender neutral offence. Only men can commit the offence."
Ansiba's lawyer then replied that two others, who were men, were arrayed as accused. One of them conducted the interview while the other was the owner of the channel. Hearing the same, the Court asked:
"He just conducted an interview. That does not mean that he was also a party to the offence."
Justice Sebastian also asked about the sequence of events that led the actress to approach the High Court. The judge noted that she approached the police and since no crime was registered, she went to the Magistrate. It was also noted that the Magistrate called for a report from the police in accordance with the provisions in the Bharatiya Nagarik Suraksha Sanhita (BNSS) but decided not to order registration of FIR for investigation.
The Court asked what the police said after preliminary inquiry. The counsel replied that the police said only defamation would be attracted.
Hearing the same, Justice Sebastian asked: "Did the magistrate say no other offence would be attracted?"
The counsel answered that in the order, it was vaguely mentioned.
Thereafter, the Court felt that the plea can be admitted and heard in detail. The case is posted next week for further consideration.
Hassan has alleged that the accused committed offences under Sections 75(iv) [Sexual harassment] and 79 [Word, gesture or act intended to insult modesty of a woman] of the Bharatiya Nyaya Sanhita, Sections 67 [Punishment for publishing or transmitting obscene material in electronic form] and 67A [Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form] of the Information Technology Act, and Section 119(a) of the Kerala Police Act, 2011 [Punishment for atrocities against women].
Though she had approached police authorities, no action was taken, prompting her to approach the Magistrate with a private complaint.
The Judicial First Class Magistrate Court-IX, Ernakulam on Monday (July 27) passed an order declining to give a direction to the police to investigate the allegations made in the complaint even though there were cognizable offences made out. Aggrieved, she has come before the High Court.
The petition is moved by Advocates Muhammed Firdouz A.V., and Gentle C.D.
Case No: Crl.M.C. No. 6414/2026
Case Title: Ansiba Hassan v. State of Kerala and Ors.