Bombay high court rejects Raj Kundra’s plea against arrest, police remand

In his petition, Kundra contended that his arrest was illegal as the mandatory provision of issuing notice under Section 41A of the Code of Criminal Procedure (CrPC) was not followed.

The Bombay High Court on Saturday rejected the pleas, filed by actor Shilpa Shetty’s businessman husband Raj Kundra and his associate Ryan Thorpe, challenging their arrest and police remand in the case of alleged production and publishing of pornographic content.

Raj Kundra and 10 others were arrested for alleged involvement in the creation of porn films and publishing them through mobile apps. (PTI)

Kundra was arrested on July 19 and Thorpe, who was employed as the head of department of Information Technology in Kundra’s firm, was arrested on July 20. They are currently in judicial custody.

In his petition, Kundra contended that his arrest was illegal as the mandatory provision of issuing notice under Section 41A of the Code of Criminal Procedure (CrPC) was not followed. He said a number of people were arrested in connection with the pornographic content case and later released on bail before the crime branch officials searched his office on July 19. His petition said he was called by the police to their Byculla office on the pretext of recording a statement but was arrested instead.

The petition stated that not only was Section 41A of Criminal Procedure Code (CrPC) violated by not issuing a notice but the magistrate court also ignored his application opposing his “unlawful” detention by sending him to police remand till July 23.

The petition further stated that despite the Supreme Court’s order against arresting and detaining persons accused of offences with punishment of less than seven years due to the Covid situation, the magistrate failed to take cognisance of the highest court’s order and remanded him to custody.

Kundra’s petition demanded that the police remand order should be quashed and he should be released.

However, taking note of the prosecution’s allegation that the duo had tried to destroy evidence, justice AS Gadkari said the petitioners did not deserve any relief at this point. The court also upheld the magistrate’s decision to remand them in police custody twice.

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