Madya Pradesh HC Refuses To Quash FIR Filed Against Ekta Kapoor For Alleged Obscenity In XXX 2

The Madhya Pradesh High Court refused to quash an FIR filed against Ekta Kapoor, the Managing Director of ALT Balaji, for alleged obscenity and disrespecting the Indian Army in the web series XXX 2.

As per Live Law report, justice Shailendra Shukla observed that there has to be recorded evidence to prove if something is obscene or not. Justice Shailendra was quoted by the portal as saying, "As far as this case is concerned, it can't be stated outrightly that the episode is not obscene."

An Indore resident had filed a complaint which stated that the makers had disrespected Indian Army's uniform. Ekta, in her plea, had said that she had no idea of content of the episode as she is not the producer or director of the show. She also said that her name wasn't mentioned in the credits of the episode as well.

However, the High Court rejected this argument saying that as the Managing Director of ALT Balaji, she is presumed to be aware about whatever is shown in the platform.

The HC 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."

As per the report, in view of the maxim of Volenti Non-Fit Injuria, the court rejected Ekta's submission saying that a person who has paid the subscription fees and has watched the material cannot complain later on that the material is obscene.