KERALA HIGH COURT ORDERS INTERIM STAY ON PROCEEDINGS IN FIR AGAINST ACTOR SHWETHA MENON
Background and Case Details
The Kerala High Court on August 7, 2025, granted an interim stay on all proceedings related to the FIR lodged against Malayalam actress Shwetha Menon. The FIR alleges that she was involved in the circulation of obscene material derived from certain scenes in her past films — Paleri Manikyam: Oru Pathirakolapathakathinte Katha, Rathinirvedam, Kalimannu — as well as some advertisements, which were allegedly shared on adult and social media platforms for financial gain.
The complaint, filed by social activist Martin Menachery, led to the registration of FIR No. 1075/2025 under Section 67A of the Information Technology Act (concerning sexually explicit online content) alongside sections of the Immoral Traffic (Prevention) Act.
Legal Grounds for Stay
Justice V. G. Arun, hearing Shwetha Menon's plea to quash the FIR, observed prima facie lapses in procedural compliance before the FIR registration. The court noted that:
The complaint was forwarded to the police in a very short time frame without adhering to mandated procedures under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which requires prior enquiry and police report before FIR registration.
The haste in forwarding the complaint and registering the FIR raises doubts about due process.
The court directed the registry to seek a detailed report from the Chief Judicial Magistrate of Ernakulam regarding compliance with these procedures before the police began investigation.
Pending receipt of this report and further directions, all proceedings in the case have been stayed.
Context and Wider Implications
Shwetha Menon is currently contesting for the presidency of the Association of Malayalam Movie Artists (AMMA), with elections scheduled for August 15, 2025. This timing has led to speculation that the complaint may be politically motivated.
The actress has denied the allegations, emphasizing that the films and advertisements in question were legally censored and publicly distributed, and that the proceedings constitute an abuse of the judicial process.
The case has drawn public and media attention due to its overlap with industry politics and concerns over freedom of expression versus obscenity laws.
Next Steps and Court Orders
Notices have been issued to the State of Kerala and the complainant for their response to the stay petition and procedural inquiries.
Further hearing will depend on the Chief Judicial Magistrate’s report and submissions from all parties.
The High Court’s intervention provides Shwetha Menon temporary relief from criminal proceedings but the matter remains under judicial scrutiny.
FREQUENTLY ASKED QUESTIONS (FAQ)
Q1: Who is the FIR against Shwetha Menon related to?
It is related to allegations of publishing or transmitting obscene content from some of her past films and advertisements.
Q2: What legal sections are involved in the FIR?
The case invokes Section 67A of the Information Technology Act and sections 3 and 5 of the Immoral Traffic (Prevention) Act.
Q3: Why did the Kerala High Court order an interim stay on proceedings?
Because the court found procedural lapses in how the FIR was registered, especially regarding prior enquiry and timely forwarding of the complaint.
Q4: Who filed the complaint leading to the FIR?
Activist Martin Menachery lodged the complaint prompting the FIR.
Q5: What is the significance of the AMMA elections in this case?
Shwetha Menon is a candidate for AMMA president, and the timing of the complaint has raised questions about possible political motives.
Published on: August 9, 2025
Published by: PAVAN
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