POCSO: Bombay High Court refuses relief to producers of Marathi film with sexually explicit content involving minors

The Bombay High Court refused to protect actor-filmmaker Mahesh Manjrekar and others in a case filed against them under the Protection of Children from Sexual Offences Act (POCSO Act) in relation to their film "Varan Bhaat Loncha Kon Nay Koncha" reportedly containing sexually explicit content involving children..A bench of Justices SS Shinde and NR Borkar was hearing a petition filed by Manjrekar that sought quashing of the FIR that was recently registered on the directions of a special POCSO court. Manjrekar had also sought protection from any coercive action by the investigating authorities..Advocate Shirish Gupte claimed on Manjrekar's behalf that the goal of POCSO is to preserve and safeguard children's bodies and minds, and nothing happened to the boys in the film.“It is just a creation of art. The scenes shown in the trailer was never part of film and the trailer was removed from Youtube," the counsel stated..Gupte also cited Supreme Court rulings, such as in the case of the film Bandit Queen, where the Apex Court ruled that such sequences should be shown so that society is aware of such crimes. He then requested that the Court view the allegedly indecent scenes. The Court answered by stating it is not supposed to examine the scene in the movie but only look at the FIR at this stage.Gupte, on the other hand, insisted that the scene be seen by the courts."Until and unless you see it, how will you be able to decide whether it is obscene. With due respect this is not the right view," he argued..After hearing Gupte's argument, the bench stated that if the accused are arrested, they may seek bail but cannot be provided any protection, and ordered Gupte to appear before a regular bench on Monday..Gupte requested protection until Monday, claiming that the case does not require custodial interrogation."Let them justify that the custody is necessary. I am not representing a hardcore criminal but an artist," he stressed..Assistant public prosecutors Madhvi Mhatre and Sangeeta Shinde opposed the petitions stating "Yesterday only FIR has been lodged at Mahim police station. There are serious allegations against the accused under POCSO.".After hearing both the parties, the court was of the opinion that blanket protection to the petitioners was not feasible and rejected the plea for the same."Nothing will happen until then (Monday), you can take it from us Mr Gupte," the Court assured the counsel.