Kerala High Court stays obscenity case against actress Shwetha Menon

The Kerala High Court on Thursday stayed the criminal proceedings initiated against Malayalam actress Shwetha Menon in a case registered against her over allegations of acting in obscene films and advertisements for financial gain.[Shewtha Menon v State of kerala & anr]

Justice VG Arun passed the order noting that procedure under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) which deals with the procedure for a Magistrate to refer a complaint to the police, prima facie, ought to have been complied with.

As per this Section,

"any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section section 173(3), and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned".

In this case, the Court noted that the police seem to have registered the FIR within a short time after the Magistrate forwarded a complaint against Menon.

"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, therefore, 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 Court also issued notice to State and Martin Menachery, the General Secretary of the News Paper Association of India (Kerala region), who filed the initial complaint with the Magistrate.

The order was passed on a petition moved by 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.

The FIR was registered after the Ernakulam Chief Judicial Magistrate referred a complaint filed by Martin Menachery, to the police.

As per the complaint, Menon acted in films and advertisements that included vulgar and obscene content, which was then allegedly circulated through social media platforms and adult websites to gain popularity and generate income.

In her petition to quash the FIR, Menon contended that the allegations were entirely baseless and part of a motivated attempt to tarnish her public image.

As per the plea, the films mentioned in the complaint such as Paleri Manikyam, Rathinirvedham and Kalimannu, were lawfully released, certified by the censor board, and acclaimed for their artistic merit.

Menon pointed out that her performance in Paleri Manikyam won her the Kerala State Film Award for Best Actress.

The actor also denied any involvement in running pornographic websites and said that such defamatory allegations have been made without any material evidence.

Menon's plea also stated that she had filed her nomination to contest for the post of President of the Association of Malayalam Movie Artists (AMMA) and that the complaint was filed on the last day for withdrawal of nominations. The FIR was registered shortly after.

She alleged that the timing and content of the complaint indicated that it was aimed at sabotaging her candidature and reputation.

The petition was filed through advocates Unni Sebastian Kappen and M Revikrishnan