Kerala HC stays FIR against Shwetha Menon in obscenity case

The Kerala High Court on Thursday stayed proceedings against Malayalam actress Shwetha Menon in a case registered against her for allegedly publishing or transmitting obscene scenes of some of her past movies and advertisements.

A single bench of Justice V G Arun issued the interim order, observing that there appeared to be prima facie merit in the petitioner’s contention that due process under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was not followed before the complaint was referred for investigation. Considering the short duration within which the complaint was filed and forwarded to the police, it appears that no such procedure has been followed, the court said.

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“I find prima facie substance in the contention of the learned counsel for the petitioner that before referring the complaint for investigation under Section 175(3) of the BNSS, the requirements therein ought to have been complied with. The requirements therein of calling for a report from the police and of making an enquiry ought to have been complied with. Considering the short duration within which the complaint was filed and forwarded to the police, it appears that no such procedures were followed,” the court said.

The Court, hence, stayed further proceedings based on the FIR and directed the Magistrate concerned to submit a report on whether the proper procedure under Section 175(3) of BNSS was followed.

The high court passed the order on a petition filed by Shwetha Menon to quash the first information report (FIR) registered against her by Ernakulam Central Police alleging commission of offences punishable under Section 67A of the Information Technology Act, 2000 (punishment for publishing or transmitting sexually explicit content in electronic form), along with Sections 3 and 5 of the Immoral Traffic (Prevention) Act, 1956, which deal with prostitution related offences.

It also issued notice to state government and Martin Menachery, who filed the initial complaint with the Magistrate.

Shwetha Menon’s counsel argued that the films in question were all cleared by the Central Board of Film Certification (CBFC) and had even earned national and state recognition. The content was part of mainstream cinema and should not be mischaracterized as obscene.

In her petition, Shwetha Menon said that the FIR was politically motivated, especially since it was filed around the time when she was contesting elections to the executive body of AMMA (Association of Malayalam Movie Artists). She contended that the complaint was a deliberate misuse of the legal process to damage her reputation and career.

She further said that her performance in Paleri Manikyam won her the Kerala State Film Award for Best Actress.

The actor also denied her involvement in running pornographic websites, saying such defamatory allegations have been made without any material evidence.

The Ernakulam Central police have registered the first information report (FIR) against the actress after the Ernakulam Chief Judicial Magistrate Court issued the directive to the police based on a complaint filed by Martin Menachery, a public activist in Ernakulam. The police have registered the FIR against Shwetha Menon under Section 67 A of the Information Technology Act, 2000, for making financial gains through her roles in movies having alleged vulgar and obscene content. The police have also included Sections 5 and 3 of the Immoral Traffic (Prevention) Act in the FIR.