Earlier, we reported about the Vaikom Judicial First Class Magistrate Court ordering the commencement of an investigation against producer PS Shamnas for misleading the court with his alleged submission of false evidence concerning a dispute over the production rights of the Nivin Pauly starrer Action Hero Biju 2. The latest development in the case is that the Junior Superintendent at the court has been asked to start criminal prosecution against the producer for filing a false affidavit at the court to have an FIR registered against Nivin.
Earlier, Shamnas accused filmmaker Abrid Shine and actor Nivin of cheating him of INR 1.9 crore. He had an FIR registered against both based on a complaint he made in front of the court, where he claimed that following Mahaveeryar's theatrical failure, the accused made a promise to him that they would let him serve as a co-producer on Action Hero Biju 2 and would give him profits from its overseas rights. The complainant also claimed that the accused subsequently hid title transfer information and sold the said rights to a company in Dubai for INR 5 crore with an outdated agreement, thus inducing wrongful loss for him. Subsequently, Nivin filed a complaint at the court where he accused Shamnas of forging his signature.
After taking the same into account, the court noted that the producer made a fake claim in the affidavit he filed alongside the complaint, as per Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita.
According to the affidavit, no other litigation was pending between the parties at any court, while a case was actually pending at the Ernakulam Commercial Court alongside an injunction that had been made against Shamnas.
According to the Magistrate, the non-disclosure thereof "undermined the authority and operation of judicial system by his wilful failure," and an individual making a fake affidavit would be deemed guilty of committing perjury.