The Supreme Court has exempted former Star India CEO Rathikant Basu from personal appearance before a trial court looking into criminal proceedings initiated against him for allegedly showing obscene movies on its channel more than a decade ago.
A bench headed by Chief Justice KG Balakrishnan, however, has refused to stay the proceedings. The criminal complaint was filed under Sections 239 and 294 of the Indian Penal code and Indecent Representation of Women (Prohibition) Act 1986 for aiding and abetting exhibition of obscene and vulgar films in December 1996. [Link]
According to Basu, these films were telecast prior to his joining News Televison (India), the predecessor of Star, and the fact that he was the CEO cannot be the basis for his prosecution. Besides, the movies were telecast in confirmity with the Cable Television Network (Regulation) Act 1995 and were shown only after 11 pm, he added.
"Even assuming there is an exhibition of uncertified films by cable operators that cannot be the ground to prosecute the petitioner as there is no material to infer that he is party to any such act or omission," the petition said.
It also stated that two of the movies were certified by Censor Board and the other two did not violate any law. According to Basu, as the broadcasting took place overseas and only the viewers were in India this cannot be a ground for Delhi courts to take action.
You will never be able to figure out why this ought to be a criminal case. Little wonder, actual criminals perpetrate crimes with such impunity these days.
