New Delhi, April 28: Putting the constitutional right of free speech on a much stronger footing than perceived public morality, the Supreme Court on Wednesday quashed all 22 criminal cases filed against Tamil actress Khushboo over her outspoken remarks in a magazine interview on premarital sex and virginity.

Allowing Khushboo’s petition for quashing of the cases filed by lawyers, social activists and political workers in different courts across Tamil Nadu, a three-member bench comprising Chief Justice K.G. Balakrishnan and Justices Deepak Verma and B.S. Chauhan said: “The appeal filed by her is allowed, and proceedings in all the cases is quashed.”
She had filed the appeal in the Supreme Court in 2008 after the Madras high court rejected her petition for quashing of the cases.
Considering her appeal in the light of citizens’ constitutional rights, the court evaluated the legal aspects of the case vis-à-vis perceived standards of morality in society, and came to the conclusion that Khushboo had neither committed any offence nor violated any law by expressing her views on an issue under debate. Rejecting the arguments of a battery of lawyers for different complainants, accusing her  of “inducing” young people to indulge in premarital sexual activities, which according to them was against established social norms, the court held that they had “failed” to establish a “prima facie” case against her.
The court was of the view that unless a “cognisable offence” was established against the actress, the trial courts could not be allowed to proceed further on mere surmises and without any evidence that her statements had actually induced people to commit any offence.
The bench took into consideration only the legal aspect of the matter, holding that the duty of the courts was to decide cases on the basis of the law and not on so-called “public morality”, which could have different connotations in different social set-ups.
Khushboo, who is revered as the “goddess” of Tamil cinema, with some fans even raising a temple in her name, had said she was being “hounded” despite tendering a public apology to people who may have felt hurt due to the fortright expression of her views.
Her comments had first been published in an English-language newsmagazine which interviewed her while conducting a survey on issues such as premarital sex and virginity. But the trouble for her really started after a translated version was published in a Tamil daily, which led to a flood of cases against her.
She was accused of propagating “immorality” in society and “inducing” young people to rebel against established social norms and behaviour. The Supreme Court held, however, that there was no basis for any section of the Indian Penal Code to be invoked against her.
While reserving its order on March 24, the court had expressed surprise why the complainants had not named the editors of the English magazine as well as the Tamil daily as respondents if they were serious about their complaints.
Khushboo’s counsel Pinky Anand was able to convince the court that the actress was being “selectively” targeted as certain forces in Tamil Nadu were trying to give a “political overtone” to the issue.
 

S.S. Negi