Pornography Case: Raj Kundra files written notes in the anticipatory bail application in Bombay HC
Shilpa Shetty’s husband Raj Kundra was previously arrested in the alleged pornography case. The court last week adjourned the hearing in the case for Monday, November 22. In his written notes, Kundra's legal team headed by Advocate Swapnil Ambure and Advocate Prashant Patil stated that "no case under Section 67, nor 67(A) can be made out against the applicant or against any other co-accused, in the present prosecution." Swapnil Ambure in a recent chat with ETimes mentioned that the prosecution is seeking to contend that Sherlyn Chopra and Poonam Pandey’s videos are the subject matter of the offense.
Swapnil Ambure further added, “It is a matter of record that Mr. Kundra has played no part either in making or distribution of the said videos. In fact, both Ms. Chopra and Pandey have said that they themselves made such videos and it was done by them for making commercial gains.” The lawyers further argued that, “the videos may be erotic but do not involve any physical sexual activity or both persons engaged in sexual relations." They also mentioned that Raj Kundra is in no way involved in the content creation, publication or even transmitting the said videos.
Countering the allegations put forth by Chopra and Pandey, they cited in the application that the content, “Is not sexually explicit as is required under 67A of the IT Act. Also, Ms. Chopra and Ms. Pandey, through their personal OTT app provided by the Applicants Company had full control over the broadcasting and distribution, and have earned remuneration out of it.”