Actor Shwetha Menon moves Kerala HC to quash FIR over alleged obscene content
KOCHI: Actor Shwetha Menon on Thursday approached the High Court seeking to quash the FIR filed against her for allegedly making financial gains through her roles in movies featuring vulgar and obscene content. Shwetha Menon is a candidate in the upcoming election for President of A.M.M.A (Association of Malayalam Movie Artists), to be held on August 15.
The FIR charges offences under Sections 3 and 5 of the Immoral Traffic (Prevention) Act, 1956, and Section 67(A) (Publishing or transmitting material containing sexually explicit acts) of the Information Technology Act, 2000.
Advocates Unni Sebastian Kappen and M Revikrishnan, representing Shwetha Menon before the High Court, submitted that the case is an abuse of the process of the court, as the allegations are ex facie absurd and improbable.
The prosecution alleged that the accused, to secure monetary gain, appeared in several films and advertisements that contain obscene visuals. The complainant--Martin Menacherry of Ernakulam--claimed that the visuals of the accused in these films and advertisements, which are available in the public domain, are obscene and vulgar. By appearing in such advertisements and acting in films, the accused allegedly gained financial benefits.
The complainant also alleged that the actor allegedly appeared in a vulgar manner by acting in a condom advertisement years ago and by acting in films like Paleri Manikyam, Rathinirvedham, Kalimannu, and more. The complainant further alleged that by searching the internet, one could find photos of the accused, which, according to him, are obscene.
The petition by Shwetha described the complaint as unfounded, baseless, and absurd, pointing out that the allegation that the accused is securing financial gain by running pornographic websites is made without an iota of material to prima facie justify such a claim.
The films in which the petitioner appeared are all duly censored and certified, and have been available in the public domain for several years. It is crucial to note that the character portrayed by the petitioner in the movie Paleri Manikyam, which the de facto complainant claims is obscene, earned her a Kerala State Award for Best Actress, stated the petition.