The Bombay High Court today delayed the hearing on Raj Kundra’s bail request in a case of alleged production and distribution of pornographic films, providing no immediate respite to the businessman and actor Shilpa Shetty’s spouse.
The hearing on the plea has been postponed until Thursday, and the investigating officer has been requested to attend the next hearing.
Last Monday, the 45-year-old businessman was apprehended and placed in police custody. The police detention was prolonged till today on July 23. He was also sent in judicial detention for 14 days earlier today.
Raj Kundra appealed his detention in the case last week, claiming that while the films are “lascivious,” they do not depict “explicit sexual activities.”
Raj Kundra contended in his bail application that the magistrate’s action committing him to police custody was illegal because, in light of the Covid epidemic, giving a notice under Section 41A of the Code of Criminal Procedure before to arrest is required. In instances when arrest is not required, the police may issue a summons to the accused and record his or her statement under Section 41A.
In his bail application, Raj Kundra stated that the pornographic material did not “depict direct explicit sexual activities and sexual intercourse, but rather presents content in the form of short videos that are lascivious or appeal to the prurient curiosity of individuals at best.” He claims that Section 67A of the Information Technology Act, which prohibits the publication of sexually explicit information, cannot be used on this basis.
In the case, nine additional persons have been detained, including Raj Kundra’s personal associate Ryan Thorpe. Police claim they have discovered no proof that Shilpa Shetty was involved in the crime so far.
