New Delhi, Aug. 13: eBay India chairman Avnish Bajaj, facing prosecution for placing a sexually explicit MMS involving Delhi Public School students on an auction site in 2004, today moved the Supreme Court seeking to quash the case.

Delhi High Court had quashed proceedings against Bajaj under the IPC on May 29 but permitted prosecution under Sections 67 and 85 of the information technology act.

Section 67 bans publishing obscene information in electronic form while Section 85 allows the prosecution of a person responsible for the business of a company over violations. The high court had granted Bajaj, a US citizen, bail after his arrest over the clip.

Bajaj, managing director of baazee.com at the time the MMS was posted online, contended that mere listing could not be construed as a crime under the act. Bajaj had sold baazee.com to eBay a few years ago.