Kerala High Court grants interim stay on proceedings in FIR against actor Shwetha Menon in obscenity case, questioning procedural lapses and timing of complaint linked to AMMA elections.
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KOCHI: The Kerala High Court has stayed the criminal proceedings initiated against renowned Malayalam actress Shwetha Menon in a case involving allegations of acting in obscene films and advertisements for financial gain.
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Background of the Case
The controversy erupted when Martin Menachery, General Secretary of the Newspaper Association of India (Kerala region), filed a complaint before the Chief Judicial Magistrate in Ernakulam. The complaint alleged that Shwetha Menon had acted in films and advertisements containing vulgar and obscene content, which were later circulated on social media and adult websites, supposedly to gain popularity and revenue.
Following the magistrate’s referral, the Ernakulam Central Police registered an FIR against Menon under:
- Section 67A of the Information Technology Act, 2000, for publishing or transmitting sexually explicit content in electronic form.
- Sections 3 and 5 of the Immoral Traffic (Prevention) Act, 1956, which deal with prostitution-related offenses, including keeping a brothel and procuring or inducing a person for prostitution.
Menon’s Defense
In her petition to quash the FIR, filed through advocates Unni Sebastian Kappen and M Revikrishnan, Menon categorically denied all allegations. She termed the complaint baseless, defamatory, and politically motivated, aimed at tarnishing her public image and sabotaging her ongoing campaign for the post of President of the Association of Malayalam Movie Artists (AMMA).
Notably, the complaint was filed on the last day of nomination withdrawal, with the FIR being registered soon after, raising serious questions about timing and intent.
Menon’s petition further emphasized:
- The films named in the complaint, ‘Paleri Manikyam’, ‘Rathinirvedham’, and ‘Kalimannu’, were all lawfully released, certified by the Central Board of Film Certification (CBFC), and praised for their artistic merit.
- Her performance in Paleri Manikyam had even earned her the Kerala State Film Award for Best Actress.
- She has no connection with the operation of pornographic websites, and the allegations lacked material evidence.
Kerala High Court’s Observations and Interim Order
Justice V G Arun, while granting interim relief, stayed all proceedings based on the FIR. The Court also issued notice to both the State of Kerala and Martin Menachery, the original complainant.
Crucially, the Court questioned whether proper procedure under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) had been followed before referring the complaint to the police. Section 175(3) mandates that,
“Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit… and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation.”
Justice Arun observed that the FIR seemed to have been registered in haste, without satisfying the procedural safeguards under BNSS. The Court directed the concerned Magistrate to submit a report on whether due process was indeed followed.
The Kerala High Court awaits a report on procedural compliance and the State’s reply to Menon’s petition. Meanwhile, the AMMA elections, scheduled for August 15.
Case Title:
Shewtha Menon v State of Kerala & anr
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