The Supreme Court yesterday (December 17) granted protection from arrest to producer Ekta Kapoor in relation to an FIR registered by the Madhya Pradesh police regarding the transmission of an episode of web series XXX Uncensored on Zee5 and ALT Balaji. The series is promoted by Ekta’s ALT Balaji. A bench, headed by Chief Justice S.A. Bobde, was hearing a petition filed by Ekta Kapoor against the order passed by the Madhya Pradesh high court which refused to quash the FIR.
Ekta had been booked under sections 294 (obscene acts and songs) and 298 (uttering words, etc., with deliberate intent to hurt the religious feelings of any person) and 34 of the Indian Penal Code, sections 67 (punishment for publishing or transmitting obscene material in electronic form) and 67-A (punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form) of the Information Technology (IT) Act, and section 3 (prohibition of improper use of emblem) of the State Emblem of India (Prohibition of Improper Use) Act, 2005.
The complainant, one Valmik Sakaragaye, stays in Indore and alleged that the series spreads obscenity and hurts religious sentiments. He mentioned a particular scene as allegedly portraying the Indian Army uniform in an objectionable way. The Madhya Pradesh high court had refused to quash the FIR. Ekta had contended in the high court that she was neither the producer nor the director of the show and hence had no knowledge of the content. However, the high court held that she ought to have knowledge as she was the managing director of the platform (ALT Balaji) on which the show was streaming.
Ekta, therefore, filed an application in the apex court, under section 482 of the Cr. Procedure Code, seeking quashing of the FIR.