Madhya Pradesh HC Refuses to Quash FIR Against Ekta Kapoor
An FIR had been filed against Ekta Kapoor for alleged obscenity in the series XXX.
On Wednesday (11 November), the Madhya Pradesh High Court refused to quash an FIR filed against Ekta Kapoor Managing Director of ALT Balaji, regarding alleged obscenity and dishonour to the national emblem in the series titled XXX, as per a report by Live Law.
Justice Shailendra Shukla reportedly observed that there has to be recorded evidence to determine whether something is obscene or not. "As far as this case is concerned, it can't be stated outrightly that the episode is not obscene", Live Law quoted him as saying.
Ekta Kapoor had filed a petition seeking quashing of the FIR against her for allegedly spreading obscenity, hurting religious sentiments and improper use of national emblems in her web show XXX Season 2.
The complainant, a resident of Indore, had also said that the Indian Army's uniform had been used in an objectionable manner.
Kapoor said in her plea that she had no idea about the contents of the episode since she wasn't the producer or director and her name didn't reflect in the credits of the episode.
However, the High Court rejected this argument saying that as the Managing Director of Alt Balaji Ekta Kapoor is presumed to 'have knowledge' about whatever is shown on the platform.
Responding to Ekta Kapoor's argument that the Internet is full of much more explicit forms of obscenity, the High Court reportedly observed, "The flooding of obscene matter on the Internet is primarily because the concerned authorities have not been able to devise a mechanism to isolate and prevent such material. Such failure shouldn't be considered valid rationalization on the petitioner's part".
The Court also rejected Kapoor's submission that a person who has paid the subscription fees and has watched the material cannot complain later on that the the material is obscene, in view of the maxim of 'Volenti Non-Fit Injuria'.
Earlier, former Bigg Boss contestant Vikas Pathak aka Hindustani Bhau had also filed a police complaint against Ekta and Shobha Kapoor in Mumbai, referring to them as “anti-national”.
Speaking about his complaint and threat Ekta Kapoor had said in an interview, "The gentleman (Hindustani Bhau), who thinks he’s ‘the patriot of the year’, decided to come out there and abuse my mother, abuse me and then have his trolls do the same thing and has now, apparently, openly put out a rape threat on a social platform. This is now no longer about the army or sexual content because the irony is you want to rape a girl and rape her brother and rape her mother, her 71-year old mother, for making sexual content. In other words, sex is bad, but rape is okay.”
(With inputs from Live Law)
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