Kerala HC stays FIR against Shwetha Menon in obscenity case

Kochi, Aug 7 The Kerala High Court on Thursday stayed further proceedings in an FIR filed against Malayalam actor Shwetha Menon for allegedly appearing in films and advertisements containing obscene content for monetary gain.

Justice V.G. Arun, who issued the interim order, observed that there appeared to be prima facie merit in the actor’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.

The court then directed the Registry to seek a report from the Chief Judicial Magistrate, Ernakulam, regarding the procedure adopted before forwarding the complaint to the police.

It also issued notice to the complainant and ordered an interim stay on further proceedings in the case registered by the Ernakulam Central Police Station.

The FIR, lodged on August 6, invoked Section 67A of the Information Technology (IT) Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act, based on a complaint filed by Martin Menanchery.

The complainant alleged that Menon had appeared in various films and advertisements containing sexually explicit visuals intended for financial gain.

In her plea seeking to quash the FIR, Menon contended that the content cited in the complaint was from films and advertisements that had been certified by the Central Board of Film Certification (CBFC) and released publicly years ago.

She further argued that her role in a condom advertisement, which was also certified and available in the public domain, was being misrepresented.

Calling the allegations "malicious" and "baseless", the actor denied any involvement in pornographic content or related websites and said the charges were made without any supporting evidence.

The case will be heard further following the report from the magistrate and the response from the complainant.

This fresh development comes at a time when Menon is contesting for the prestigious post of the President of the Association of Malayalam Movie Artistes (AMMA).

She is pitted against popular actor and BJP leader Devan.

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