Arrest is Illegal: Raj Kundra moves Bombay HC against arrest in porn films case

Mumbai, July 23: Actor Shilpa Shetty's husband and businessman Raj Kundra has filed a petition in Bombay High Court, challenging his arrest in a case related to production of pornographic films. Kundra has reportedly said that his arrest is 'illegal'.

The petition filed by Kundra claims, magistrate's order sending him in police custody violated the law as serving a notice under section 41A of the Code of Criminal Procedure (before arrest) is mandatory, especially in view of the COVID-19 pandemic. As per section 41A, the police may, in cases where arrest is not warranted, issue summons to the accused person and record his or her statement.

The plea also said that the content in question "does not depict direct explicit sexual acts and sexual intercourse but shows only material in the form of short movies which are lascivious or appeal to the prurient interest of the persons at best."

Hence section 67A of the Information Technology Act (publishing sexually explicit content) cannot be invoked, and at the most it would attract section 67 (publishing lascivious content), it said.

"The respondent (police) arrested the petitioner in the police station where he was called under the garb of recording his statement," the plea alleged.

After his arrest Kundra was asked to sign a notice issued under section 41A of CrPC which he refused to do, it claimed. Further, the sections under which he is booked do not prescribe a sentence of more than seven years in jail, so his arrest, without prior notice under section 41 A, "is completely illegal", the petition said.

When the First Information Report (FIR) was registered in February 2021, he was not even named as accused, Kundra said, adding that a charge sheet was filed in the case in April and several other accused are now out on bail.

Kundra was arrested on the night of July 19 by the city police's crime branch after being booked under relevant sections of the Indian Penal Code and the Information Technology Act.

The police have claimed, the 45-year-old businessman was gaining financially from the illegal activity of making and selling pornographic material.

The police had claimed they have seized Kundra's mobile phone and its contents need to be scrutinised and also his business dealings and transactions have to be looked into.

Apart from Kundra, the police also produced another accused, Ryan Thorpe, before the court, which extended his custody till July 27.