Raj Kundra challenges arrest by Mumbai Police, hearing underway in Bombay HC
Raj Kundra has filed a plea challenging his arrest by the Mumbai Police on the grounds that the police did not issue him summons before his arrest.
The Bombay High Court is hearing a petition filed by businessman Raj Kundra in which he has challenged his arrest on the grounds that the Mumbai Police did not issue him summons before arresting him on July 19.
This comes a day after a local court in Mumbai refused to grant bail to Raj Kundra in the porn films racket case.
Arguing before the high court, Raj Kundra's lawyer, Abaad Ponda, said the Mumbai Police secured a search warrant from a magistrate's court on July 19. The police then searched the office premises of Raj Kundra's company Viaan Industries in Andheri West, Mumbai.
However, no summon was issued to Raj Kundra in advance, Ponda argued.
"After the search at Viaan Industries' office, the police issued summon under Section 41A of CrPC on the spot. Raj Kundra refused to accept it and sign, following which the cops arrested him," he said.
To this, the court said the law does not say the police cannot arrest him.
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"Yes. But they should give a notice and let the person come with dignity to answer their questions. The search at Viaan went on for 5-6 hours. Raj Kundra was not present there. He was called to the spot. He reached there and cooperated. He did not run away," Ponda said.
The Mumbai Police's crime branch has claimed to have seized nearly 20 terabytes (TB) data of porn films and seven servers that were used to save them from Viaan Industries' office in Andheri West. Police sources said some data was deleted, and they have roped in forensic experts to retrieve it.
On Tuesday, the Bombay High Court had also refused to give him any urgent temporary relief. The public prosecutor opposed Kundra's bail plea, saying he is an influential person and can intimidate witnesses (after being released from jail) which will derail the probe.
In his plea in the Bombay High Court, Raj Kundra has said the material which the police claimed to be pornographic, did not depict explicit sexual acts but shows material in the form of short movies "which are lascivious or appeal to the prurient interest of persons at best".
MUMBAI COURT DENIES BAIL
On Wednesday, a Mumbai court rejected Raj Kundra's bail plea. Kundra was arrested on July 19 for allegedly producing and distributing porn films using a subscriber-driven mobile app.
Objecting to the bail plea, the prosecution contended that the police investigation was still on and Raj Kundra's release at this juncture will derail the probe.
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On the other hand, Kundra's lawyer made a forceful plea for bail in the court, saying his client was not a "terrorist" and pointed out that a chargesheet has already been filed in the case that was registered in February.
Raj Kundra is currently lodged in jail under judicial custody.
WHAT MUMBAI POLICE CLAIMS
The police have claimed that during their probe, it was found Raj Kundra set up Armsprime Media Pvt Ltd, which, through London-based Kenrin Pvt Ltd, bought 'Hotshots' app to upload objectionable videos on social media.
They had also said Raj Kundra earned over Rs 1.17 crore between August and December last year by uploading pornographic content online through Hotshots. The police claimed to have found 51 obscene videos - 35 with Hotshots logo and 16 with BollyFame logo, during searches at the office of the accused.
(With PTI inputs)
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