HC quashes charge against Shilpa Shetty

MADURAI: The Madurai bench of the Madras High Court on Wednesday quashed the case against actors Shilpa Shetty and Reema Sen, relating to publication of their 'obscene and lascivious' photographs in a Tamil eveninger. Justice S Nagamuthu, however, directed the trial court to proceed against the publisher. In his orders, Justice Nagamuthu said there was no prima-facie material to show that that the actors were in any way involved in the publication of their photographs and hence the judicial magistrate ought not to have issued summons to the actors at all. In 2006, T Dakshinamurthy, an advocate from Madurai, filed in the judicial magistrate-II against the Tamil eveninger and the two actors under the provisions of the Indecent Representation of Women (Prohibition) Act and Young Persons (Harmful Publication) Act. The lawyer contended that the newspaper had published 'obscene and lascivious pictures' of these two actors on different dates between December 26, 2006 and February 6, 2006. He said the pictures were "third-rate publications which would promote crime against women and unhealthy social trend." He wanted the court to order legal action against the three. However, as the actors did not appear before the magistrate, he issued non-bailable warrants against them. The actors moved the Madurai bench for the quashing of the case. In the high court, petitioner's counsel, W Peter Ramesh Kumar argued that once non-bailable warrants were issued, the case could not be quashed. Justice Nagamuthu observed, "no one is above law and so the actors should have appeared before the magistrate or made an alternative arrangement to dispense with their personal appearance. Their failure to do so cannot be appreciated." "But, at the same time, when they have come to the court with a plea that the case is baseless, the court cannot shut the doors of justice on a technical ground that non-bailable warrants were pending against them," the judge said, adding that there was no prima facie evidence to prove that the actors were involved in the publication of the photos. "There may be a prima-facie case against the first accused (the publisher). Hence, it is made clear that the trial court may proceed with the trial against the first accused.
24 Apr 2008, 0408 hrs IST , TNN
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