Kochi: The Kerala High Court has granted an interim stay on further proceedings in an FIR registered against Malayalam actor Shwetha Menon in an obscenity case. The FIR, filed on August 6 by the Ernakulam Central Police Station, accused Menon of appearing in films and advertisements containing sexually explicit content for monetary gain.
Justice V.G. Arun, while issuing the stay on Thursday, noted there appeared to be prima facie merit in Menon’s contention that proper procedure under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) had not been followed before the complaint was forwarded for investigation. The judge observed that, given the short time between the filing of the complaint and its referral to the police, it seemed the mandated process had been bypassed.
The court has directed the Registry to obtain a report from the Chief Judicial Magistrate in Ernakulam regarding the procedure adopted before the complaint was handed over to the police. A notice has also been issued to the complainant, and proceedings in the case have been temporarily stayed.
The FIR against Menon invokes Section 67A of the Information Technology Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act, based on a complaint by Martin Menanchery. The complainant alleged that Menon had acted in various films and advertisements that featured sexually explicit visuals intended for financial benefit.
In her petition to quash the FIR, Menon argued that the content mentioned in the complaint comprised scenes from films and advertisements that had been certified by the Central Board of Film Certification (CBFC) and had been publicly released years ago. She specifically pointed out that her appearance in a condom advertisement, which had received certification and was available in the public domain, was being wrongly interpreted.
Dismissing the accusations as "malicious" and "baseless," Menon denied any association with pornographic material or related websites, asserting that the charges lacked evidence and were rooted in misrepresentation.
The case is set to proceed further following the receipt of the magistrate’s report and the response from the complainant.
This legal development comes at a significant moment for Menon, as she is currently contesting for the position of President of the Association of Malayalam Movie Artistes (AMMA), facing off against actor and Bharatiya Janata Party leader Devan.
With IANS inputs