Kerala High Court Stays Proceedings in FIR Against Actor Shwetha Menon

In a significant development, the Kerala High Court has ordered an interim stay on the criminal proceedings initiated against popular Malayalam actor Shwetha Menon. The stay was granted in connection with an FIR lodged against her for allegedly publishing and transmitting obscene content from some of her past films and advertisements.

The interim order, issued by Justice V.G. Arun, provides a temporary reprieve to Menon, who is currently vying for the post of president in the Association of Malayalam Movie Artists (AMMA). The court’s decision was based on a preliminary finding that the proper legal procedures may not have been followed before the FIR was registered.

Procedural Irregularities Cited by the Court

The FIR, registered by the Ernakulam Central Police, followed a directive from a magisterial court based on a complaint filed by a social activist. The complainant alleged that scenes from Menon’s films like Rathinirvedham, Kalimannu, and Paleri Manikyam, as well as a condom advertisement, were obscene and were being circulated for commercial gain, which violated morality standards. The charges against the actor were filed under Section 67A of the Information Technology (IT) Act and provisions of the Immoral Traffic (Prevention) Act.

However, in her plea to the High Court, Shwetha Menon’s counsel argued that the FIR was registered without the magistrate first seeking a preliminary report from the police, as required by law. The High Court found prima facie substance in this contention, noting that the complaint was filed and forwarded to the police within a short duration, suggesting that the necessary procedural requirements may have been overlooked. The court has now directed the magistrate to submit a report on whether these procedures were followed.

Actor Alleges Malicious Intent Behind the Complaint

In her petition, Shwetha Menon has vehemently denied the allegations, stating that the films mentioned were all duly certified by the Central Board of Film Certification (CBFC) and had been in the public domain for years. . She also pointed out that her performance in Paleri Manikyam earned her a Kerala State Film Award for Best Actress, underscoring the artistic merit of her work.

Menon has alleged that the complaint is “politically motivated” and a malicious attempt to tarnish her reputation and career, particularly given the timing. The FIR was registered just ahead of the AMMA elections, where she is a prominent candidate for the president’s post. This has also drawn condemnation from a section of the film fraternity, with several actors voicing their support for her and questioning the motive behind the complaint.