Mumbai: The Bombay High Court on Saturday dismissed the petitions filed by star Shilpa Shetty’s businessman husband Raj Kundra and his partner Ryan Thorpe challenging their arrest and police detention in the matter of suspected pornographic content creation and dissemination.
Kundra was detained on July 19 and Thorpe, who worked for Kundra’s business as the director of the Information Technology department, was arrested on July 20. They are being held in judicial custody at the moment.
Kundra claimed in his appeal that his arrest was unconstitutional since he was not served with a notice as required by Section 41A of the Code of Criminal Procedure (CrPC). Before the crime branch authorities searched his office on July 19, he stated a number of individuals were detained in connection with the pornographic content case and later freed on bail.
According to his appeal, he was summoned to the police station in Byculla under the guise of recording a statement but was instead detained. Not only was Section 41A of the Criminal Procedure Code (CrPC) breached by not providing a notice, but the magistrate court also rejected his plea challenging his ‘unlawful’ incarceration by ordering him to police remand until July 23.
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The petition further stated, despite the Supreme Court’s ruling that prohibits arresting and detaining individuals suspected of crimes punishable by less than seven years owing to the Covid scenario, the magistrate failed to take cognizance of the highest court’s order and remanded him to jail.
Kundra’s appeal asked for the police remand order to be overturned and he should be released.
Kundra and ten others were detained by Mumbai Police for suspected participation in the making of pornographic videos and their distribution through mobile applications. Earlier, Hemant Nagrale, the Mumbai Police Commissioner said that Kundra appeared to be the main conspirator and there was enough evidence to back up his allegation.
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