I was expecting such a question on this issue. The first class magistrate had issued arrest warrant under section 204 of the criminal procedure code, which I feel he should have issued a summon as this was a fit case where only a summon should have been issued no need for arrest warrant. The Rajasthan High Court should quash the arrest warrant as it is unreasonable & won't serve the process of justice to issue such an arrest warrant. Secondly the issue whether the so called act of kissing a lady in public is concerned whether it can be construed as an act of obscenity in public place or not. In the twenty first century in which we live, changes in our social environment, globalization of even our social strata along with economic environment which we see nowadays, such an act of kissing in public cannot be said to be obscene as no where it give a feeling of disgust to the mind of any reasonable person to feel so. The question of the consent to such an act by Shipla Shetty cannot be said to a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone as to cover section 34 of the IPC. There was no prior planning involved by her along with Richard Gere to implement such an act in public, what ever happened was done in a spar of the moment by Richard Gere as it clearly appears from the Video Clip where even Shilpa was taken by surprise. In no case act of public obscenity appears to have taken place so serious to be punished under section 294 of IPC, the complaint appears to be done for reasons other then this & need to be quashed without any further action.
2007-04-26 17:18:01
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answer #1
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answered by vijay m Indian Lawyer 7
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Really surprising especially when more than semi-nude films are allowed to be shown in public! Perhaps, judiciary needs to 'activate' in such cases so that the Most Important Cases Affecting Human Lives (like in Nandigram, Singur) could be deferred for some more time, enabling the Govt. to hush up cases & reports and further pressurise poor people to surrender to the Govt. sponsored hooligans ! The higher courts, in many past cases, had taken exception to some such apparently imprudent decisions of lower courts. Let us hope that the Judiciary would do the best under such circumstances.
2016-05-19 23:25:28
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answer #2
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answered by ? 3
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Its a blatant extortion racket. Dont be surprised if the matter is suddenly "settled", undoubtedly after the Complainant gets some inducement. About time that the higher judiciary pulls up the magistrates courts for entertaining such matters at the cost of the tax payer, not to mention other serious matters.
2007-04-26 18:35:06
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answer #3
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answered by ? 4
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I have no idea. I do find it fascinating. The ancient civilization that gave us the Vatsyayana Kamasutram taking offense to some public kissing. Perhaps - and I say this as an outsider - it is an over zealous response to "Western" influence? Or, if I was more cynical, I would suggest it is publicity for a Bollywood version of the "American Gigolo." Singing, dancing and high-pitched singing as Gere drives the ferrari through the crowded Mumbai streets to Ms. Shetty...
2007-04-26 16:28:19
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answer #4
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answered by MagusGreg 2
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Because they are doing wrong. Actually Gere have no children in India seeing this drama and Shilpa Shetty is a well-known actress in India. This type of drama is part of her life, people know well about it.
2007-04-27 00:36:21
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answer #5
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answered by alwaysfresh 1
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This matter is "indecent representation of sexual activities" at public place.Both Richard Gere and Shilpa Shetty have been named accused under Section 294(doing obscene act at public place) and Section 34(act done in furtherance of common intention)
2007-04-26 16:38:49
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answer #6
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answered by meenu 1
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Wow, but she looked pretty uncomfortable. When he was holding her hand, she was trying to let go. Then you could see her trying to take a couple of steps away from him and then he puts her in a headlock and she had to kiss the old guy!! If it was a peck on the cheek (like a thank you or hello kiss), I bet it wouldn't have been such a big deal over there.
2007-04-28 16:18:59
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answer #7
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answered by violetkites 3
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Yea I agree w/you. They are truly making something out of like...NOTHING. Furthermore, Shilpa Shetty said it herself that it was nothing. It was just to entertain the audience or whatever etc. etc. etc. However, people in India think otherwise...
2007-04-26 18:30:20
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answer #8
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answered by Ask this girl 5
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Because the judiciary there is corrupted and indian is too free and nothing better to do and their godness is being kiss and they cannot kiss themselves of course they angry and their religon values is too different from western and get offended over everything.
2007-04-26 16:51:31
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answer #9
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answered by lakaria_2000 5
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It is not the Judiciary, who has acted on ts own. They have acted on a complaint by some one. It has to have to go by law.
2007-04-27 02:01:21
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answer #10
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answered by Anonymous
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