A bench led by Chief Justice of India SA Bobde of Supreme Court granted interim protection to Ekta Kapoor from arrest in a FIR. The FIR was filed against her for the alleged objectionable content in Alt Balaji web series XXX Season 2.
While granting the order, the CJI remarked “We don’t like the Madhya Pradesh High Court order”.
In the order of MP HC, the court had refused to quash an FIR filed against Ekta Kapoor for allegedly obscene content in show XXX season 2.
In the MP HC court order, the court opined that there was some substance in the State’s stance that the XXX episode could cater to the prurient interest of a normal major person and “it is through leading of evidence only, that the test of obscenity would be affirmed“.
The FIR Against Ekta Kapoor
The FIR was filed against Ekta Kapoor alleging that Episode 1 of the show XXX season 2 was obscene, hurtful of religious sentiments and disrespectful of the National Emblem and she was charged for offences under Sections 294, 298 and 34 of the IPC, Sections 67 and 67-A of IT Act and Section 3 of State Emblem Act.
The Emblem Act and Section 298, IPC charges were quashed by the High Court in its November order.
The High Court observed further taking into consideration the evolution of sensitivity of Indian audience in such matters,
“The Indian audiences have of course come of age from the times of two flowers cuddling each other symbolizing male and female union to more explicit manners of displaying such activity. Still, the acceptable norms of permissiveness in the society cannot be equated with declining moral values. What is patently obscene from an ordinary person’s point of view, would remain to be so for all times to come. There is always a thin line between what are acceptable limits of display of physical intimacy and obscenity.”
