Porn Films case: Raj Kundra sent to Judicial custody for 14 days

Mumbai, July 27: Businessman and Shilpa Shetty's husband Raj Kundra has been sent to judicial custody for 14 days in a case involving production and distribution of pornographic films.

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.

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.