Mumbai: The Bombay High Court on Tuesday said it cannot pass any order granting immediate relief to businessman Raj Kundra, arrested for alleged production and distribution of pornographic films through the app, without hearing the prosecution.
Justice AS Gadkari directed the police to file his affidavit by July 29 in response to a plea by Kundra (45) challenging his arrest in the case.
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Actress Shilpa Shetty’s husband Kundra was arrested on July 19 by the Crime Branch of Mumbai Police in a pornographic film case registered in February this year. After his arrest, he was remanded to police custody by a city court.
On Tuesday, the magistrate’s court sent him to 14-day judicial custody. Kundra moved the magistrate’s court for bail and his plea was put up for hearing on Wednesday.
Kundra’s counsel Aabad Ponda and Subhash Jadhav argued in the HC on Tuesday that the police failed to follow the procedure laid down in the law and should have issued a notice under Section 41A of CrPC instead of arresting him outright.
Public Prosecutor Aruna Kamat Pai refuted the claim and said a notice was actually issued to Kundra before his arrest.
The HC directed Pai to file an affidavit in response to the petition. Ponda then sought some interim relief for his client.
Justice Gadkari, however, refused and said that he cannot grant any relief without first giving the prosecution an opportunity to respond to the petition.
The court said there is no ex-parte ad-interim relief.
Kundra in his plea has upheld his arrest and the subsequent order by the magistrate’s court to send him to police custody was illegal as no notice was issued to him.
As per Section 41A of CrPC, the police can, in cases where there is no warrant of arrest, issue summons to the accused person and record his statement.
Kundra, in his plea, has also stated that the material claimed by the police to be obscene, does not depict direct or explicit sexual acts, but shows material in the form of short films “which are erotic or depicts the nature of persons”. appeals for interest”.
After Kundra’s arrest, the Crime Branch had named him as the “key conspirator” of the case.
He has been booked under Indian Penal Code sections 420 (cheating), 34 (general intent), 292 and 293 (relating to obscene and obscene advertisements and demonstrations), and relevant sections of the IT Act and indecent representation of women (prohibition). Has been done. Work.
The police claimed to have found 51 obscene videos during searches at his office.
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