The Kerala High Court on Thursday stayed criminal proceedings against actor Shwetha Menon in a case filed over allegations that she acted in obscene films and advertisements for financial gain. Justice VG Arun, who passed the interim order, observed that the procedures laid out under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) may not have been followed before the FIR was registered.
The Court directed the Magistrate concerned to submit a report on whether due process had been complied with and also issued notices to the State government and complainant Martin Menachery, General Secretary of the Newspaper Association of India (Kerala region). The case was registered by the Ernakulam Central Police based on a complaint filed by Martin, which was forwarded by the Ernakulam Chief Judicial Magistrate.
The complaint accused Shwetha of being involved in the circulation of obscene visuals from her films and advertisements through adult websites and social media platforms, allegedly for publicity and profit. The FIR invoked Section 67A of the Information Technology Act, relating to sexually explicit content online, as well as Sections 3 and 5 of the Immoral Traffic (Prevention) Act, which deal with prostitution-related offences.
In her plea to quash the FIR, Shwetha claimed the complaint was baseless and intended to damage her public image. She maintained that the films in question (Paleri Manikyam: Oru Pathirakolapathakathinte Katha, Rathinirvedam, and Kalimannu) were all cleared by the censor board and recognised for their artistic merit. She also pointed out that Paleri Manikyam had won her the Kerala State Film Award for Best Actress.
Shwetha further alleged that the complaint was timed to coincide with her bid for the post of president of the Association of Malayalam Movie Artists (AMMA), suggesting it was a deliberate attempt to tarnish her reputation during the election process.
