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Kerala HC orders interim stay on proceedings in FIR against actor Shwetha Menon
The Kerala High Court has issued a stay on the proceedings related to an FIR filed against acclaimed Malayalam film actor Shwetha Menon. The interim order, passed by Justice V G Arun, came in response to Menon's plea seeking to quash the FIR, which accuses her of publishing or transmitting obscene scenes from her past films and advertisements.
The High Court found merit in Menon's argument, raised by her counsel, that procedural norms were not adhered to since the complaint was quickly passed on to the police without the mandatory report and inquiry. Highlighting the issue, the court said, 'Considering the short duration within which the complaint was filed and forwarded to the police, it appears that no such procedure was followed. Registry shall call for a report from the court of the Chief Judicial Magistrate, Ernakulam regarding the procedure followed before forwarding the complaint to the police for investigation.'
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The court has consequently stayed further proceedings in the case, referenced as crime number 1075/2025 of the Ernakulam central police station, and issued notices to the state and the original complainant, the latter being responsible for the magistrate court's decision to lodge the FIR.
The FIR alleges violation of Section 67, which pertains to publishing or transmitting obscene material in electronic form, under the Information Technology Act, as well as certain provisions of the Immoral Traffic (Prevention) Act. Shwetha Menon, renowned for movies such as 'Salt N' Pepper', 'Rathinirvedam', and 'Kalimannu', is currently contending for the presidency of the Association of Malayalam Movie Artistes (AMMA), with elections slated for August 15.
Menon, in her plea to quash the FIR, termed the allegations as 'mala fide' and argued that the offenses listed against her are baseless. The complainant, Martin Menachery, alleged that Menon participated in films like 'Paleri Manikkyam', 'Rathinirvedham', 'Kalimannu' and a condom advertisement, aiming for financial gain from obscenity.
Menon refuted these claims by pointing out that the films mentioned were legally censored and certified, remaining available to the public for years. Notably, her portrayal in 'Paleri Manikyam' earned her a Kerala State Award for Best Actress. She also affirmed that the advertisement in question was subject to the same censorial scrutiny.
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Furthermore, the actor denounced accusations about running pornographic websites as 'absurd and per se defamatory,' asserting that such claims lacked any material backing and were raised irresponsibly. Menon also speculated that the complaint was strategically filed subsequent to her nomination for the AMMA presidency.
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