Kerala High Court stays FIR proceedings against actress Shwetha Menon in obscenity case

Kochi: The Kerala High Court on Thursday temporarily halted further action in an FIR lodged against Malayalam actress Shwetha Menon. The case pertains to allegations that she appeared in films and advertisements containing obscene content for monetary benefits.

Justice V G Arun, issuing the interim order, noted that there seemed to be prima facie grounds supporting Menon’s claim that the necessary procedural safeguards under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were overlooked before the complaint was sent for police investigation. 

“The complaint was filed and forwarded to the police within a short time frame, suggesting that proper procedure may not have been followed,” the court observed.

The bench instructed the court Registry to obtain a report from the Chief Judicial Magistrate of Ernakulam on the process followed prior to forwarding the complaint to law enforcement.

A notice has been issued to the complainant, and the court ordered an interim stay on any further proceedings connected to the FIR registered at the Ernakulam Central Police Station.

The FIR, filed on August 6, invoked Section 67A of the Information Technology Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act. It was based on a complaint filed by Martin Menanchery, who alleged that Menon had featured in films and commercials with sexually explicit content intended for financial gain.

In her petition seeking quashing of the FIR, Menon maintained that the content referenced was from films and advertisements already certified by the Central Board of Film Certification (CBFC) and publicly released years ago.

She also clarified that her appearance in a condom advertisement, which was certified and publicly available, was being misrepresented.

Describing the allegations as “malicious” and “baseless”, Menon denied any involvement in pornographic material or websites, stating that the accusations lacked evidence.

Further hearings will take place after the magistrate’s report and the complainant’s response are submitted.

This development occurs amid Menon’s bid for the presidency of the Association of Malayalam Movie Artistes (AMMA), where she is contesting against well-known actor and BJP leader Devan.
IANS.