KOCHI: Expressing doubts about the procedural correctness of the lower court, the Kerala High Court on Thursday stayed further proceedings in the FIR registered against actor Swetha Menon for allegedly making financial gains through her roles in movies featuring vulgar and obscene content.
“I find prima facie substance in the contention of the counsel for the petitioner that before forwarding the complaint for investigation under Section 175(3) of BNSS, the requirements therein, of calling for a report from the police and making enquiry, ought to have been complied with. Considering the short duration between filing and forwarding of the complaint to the police, it appears that no such procedure was followed,” said Justice V G Arun.
He also directed the Registry to call for a report from the Chief Judicial Magistrate Court, Ernakulam, regarding the procedure adopted before forwarding the complaint to the police for investigation.
The court issued the order on a petition filed by Swetha Menon seeking to quash the FIR based on a complaint filed by Martin Menacherry, of Ernakulam. Swetha Menon is a candidate in the upcoming election for president of AMMA (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 Swetha 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, claimed that the visuals of the accused in these films and advertisements, which are available in 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 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 Swetha 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 public domain for several years. It is crucial to note that the character portrayed by the petitioner in the movie Paleri Manikyam, which the complainant claims is obscene, earned her a Kerala State Award for Best Actress, stated the petition.