Justice Swarana Kanta Sharma said that she had to watch the episodes of show with the aid of earphones in the chamber as the profanity of language used was such that it could not have been heard without shocking or alarming the people around.
“The Court had to watch the episodes with the aid of earphones, in the chamber, as the profanity of language used was of the extent that it could not have been heard without shocking or alarming the people around and keeping in mind the decorum of language which is maintained by a common prudent man whether in professional or public domain or even with family members at home. Most certainly, this Court notes that this is not the language that nation’s youth or otherwise citizens of this country use, and this language cannot be called the frequently spoken language used in our country,” the judgment noted.
Hence, the single-judge ruled that TVF, the show’s director Simarpreet Singh and actor Apoorva Arora are liable to face action under Section 67 (publishing or transmitting, in the electronic form, any material which is lascivious) and 67A (punishment for publishing or transmitting of material containing sexually explicit act) of Information Technology (IT) Act.
The Court, therefore, upheld an order of the Additional Chief Metropolitan Magistrate (ACMM) ordering Delhi Police to register first information report (FIR) against the three accused.
The ACMM court had directed the Police to register FIR against TVF, Singh and Arora under Sections 292 (sale etc of obscene books, pamphlets, paper, writing, drawing, painting, representation, figure or any other object), 294 (punishment for obscene acts in public) of the Indian Penal Code as well as Section 67 and 67A of the IT Act.
Source: Barandbench
