Raj Kundra moves Bombay HC challenging magisterial remand order

Raj Kundra, husband of actor Shilpa Shetty, has moved the Bombay high court (HC) challenging the July 20 order of a metropolitan magistrate court remanding him in police custody in connection with the alleged pornography racket

Raj Kundra, husband of actor Shilpa Shetty, has moved the Bombay high court (HC) challenging the July 20 order of a metropolitan magistrate court remanding him in police custody in connection with the alleged pornography racket. Police had sought his custody on the grounds of suspicion that Kundra may have used the money earned in the pornography racket for online betting, and hence it needed to interrogate him with regards to the financial transaction between him and two banks. The petition is yet to be numbered. Meanwhile, Kundra’s police custody, which ended on July 23, was extended by the magistrate till July 27 on Friday.

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Kundra’s petition, filed through Parinam Law Associates, has pointed out that after the alleged incident of creating and publishing pornographic content came to light, a number of people were arrested in connection with the case and later released on bail. The petition states that crime branch officers visited his office on July 19 and conducted a search, following which they called Kundra to their Byculla office to record his statement. The petition further adds that when he complied, the police arrested him.

Referring to the arrest, the petition said the mode in which he was arrested violated the procedure laid down under section 41A of Criminal Procedure Code (CrPC) which mandates that the police must issue a proper notice to the accused before making an arrest. The petition said that an application was made opposing his detention before the magistrate court on the grounds that law was violated. However, when the remand application of the police came up before the magistrate, he did not consider Kundra’s application and granted police remand till July 23.

Citing that there are clear orders of the Supreme Court against arresting and detaining persons against whom offences are registered with punishment of less than seven years in light of the Covid-19 situation, the petition said the magistrate failed to take cognisance of the highest court’s order and remanded Kundra in custody. It added that the cumulative punishment for the offences that the accused has been booked for is less than seven years and that the magistrate had erred in allowing his police remand, hence the remand order should be quashed and he should be released.

The petition will come up for hearing after it is numbered and its circulation is granted.

On July 20, Mumbai Police commissioner Hemant Nagrale had stated that Kundra and 10 others had been arrested for their alleged involvement in the creation of pornographic films and publishing them through mobile apps. Nagrale had said that Kundra seemed to be the key conspirator and there was sufficient evidence regarding that.