Five years on,magazine asks HC to quash obscenity plaint

While the magistrate had first refused to order an investigation into the complaint,Loius challenged it before a sessions court that ordered the filing of an FIR and an investigation into the allegations of obscenity in 2007. Contesting the order of the sessions court,the magazine’s lawyers Anup Bhambhani and Prakash Naik told the court that a reporter for the magazine was sent to France to cover the inner-wear and beach-wear trade fair as India is a targeted market for inner-wear makers. “The reporter did not take any photographs,they were released by the organisers of the trade fair,” Bhambhani told the court.

Citing observations made by the Supreme Court in various cases pertaining to obscenity Bhambhani argued,“Nudity alone is not enough to make material legally obscene. He said the photographs – of women sporting various inner-wear – were in context of the article and that obscenity has to be viewed by contemporary standards.

Bhambhani,citing from SC rulings,argued that if such material cannot be published keeping in mind that it may not be suitable for children,there would be no material for adults to read. Justice KU Chandiwal has adjourned the case for further hearing till September 19.