Porn case: No relief for Kundra from High Court on 'illegal arrest' plea

Mumbai: The Bombay High Court on Tuesday declined to grant any interim relief to businessman Raj Kundra, challenging his "illegal" arrest by Mumbai Police in connection with the sensational porn case on July 19.

A bench of Justice A.S. Gadkari refused to pass any order without hearing the prosecution, and after Public Prosecutor Arun Pai assured the court that the police will file its reply on Wednesday, posted the matter for further hearing on Thursday.

Soon after his arrest, Kundra, through his lawyer Abad Ponda, moved the Bombay HC challenging his arrest and seeking to quash the Chief Metropolitan Magistrate's July 20 order and all subsequent orders remanding him to police custody.

Earlier on Tuesday, the lower court sent him to 14 days judicial custody till August 10 and he has now filed a bail plea which is likely to come up for hearing on Wednesday.

In his petition before the high court, Kundra - husband of Bollywood actress Shilpa Shetty - contended that the alleged content does not depict any explicit sexual acts or intercourse but show only material in the form of short films.

Ponda also argued that Kundra's arrested was "illegal" since he was not served with a proper advance notice of appearance under Section 41A of the CrPC and instead arrested under the garb of recording his statement.

However, Pai argued that the Mumbai Police had served the relevant notice which Ponda termed as a mere formality given post-arrest.

Kundra has been charged with offences under various provisions of Indian Penal Code, the IT Act, and the Indecent Representation of Women (Prohibition) Act.

Ponda pointed out that Kundra has been charged with only two offences which are bailable and carry a maximum jail term of 7 years for which a notice under Section 41A was required.

The police said that raids on Kundra's office on July 19 led to recovery of pornographic videos related to the HotShot app, developed by his brother-in-law and UK national Pradeep Bakshi after which he was asked to appear before the Crime Branch vide the notice under Section 41A, but Kundra refused to sign it.