Advertisement

Mumbai

Updated on: Tuesday, July 27, 2021, 11:54 PM IST

Mumbai: No high court relief to Raj Kundra in porn video case

Advertisement

The Bombay High Court (HC), on Tuesday, refused to grant urgent relief to businessman and actor Shilpa Shetty’s husband Raj Kundra in a case of alleged production and distribution of pornographic videos through apps. The city police arrested Kundra (45) on July 19. However, Kundra has challenged this in the HC, terming it “illegal”.

Justice Ajey Gadkari said that he could not grant him any relief without hearing the prosecution. He also asked the police to file its reply into Kundra’s petition by July 29.

Kundra’s counsel Aabad Ponda and advocate Subhash Jadhav argued that the police had failed to follow the procedure. The cops should have first issued a notice under Section 41A of the Criminal Procedure Code (CrPC) and then arrested him. As per this section, the police can issue summons to the accused and record their statement in cases where arrest is not needed.

However, public prosecutor Aruna Pai refuted these statements and said that the police had issued a notice to Kundra. Ponda countered saying that they were not given any advance notice.

Hearing both sides, the HC asked Pai to file an affidavit.

When Ponda sought for interim relief, Justice Gadkari refused saying, “No ex-parte ad-interim relief.”

Kundra’s petition also states that if the material produced by the police is viewed then it will be clear that the same does not “depict direct explicit sexual acts and sexual intercourse, but shows material in the form of short movies that are lascivious or appeal to the prurient interest of persons at best”.

According to the sections under which Kundra has been booked, the maximum sentence is seven years imprisonment. “So, under these circumstances, it is illegal to arrest a person without complying with the requirements of Section 41A”, the petition states.

Besides, the petition claims that when the FIR was lodged in February, he was not even named as an accused and a chargesheet was already filed in the case in April. Meanwhile, the other accused arrested in the case is out on bail, the petition states.

(To receive our E-paper on whatsapp daily, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

Published on: Tuesday, July 27, 2021, 11:54 PM IST
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement