Raj Kundra pornography case: Lawyer says 'vulgar content but cannot be classified as porn'
On Monday, businessman Raj Kundra was arrested in an alleged pornography-related case. He has been named the 'key conspirator' in the case. He was later produced before a court which remanded him in police custody till July 23. According to the police, the case is just the tip of an iceberg in a porn films racket. Amid this, Raj Kundra's lawyer made an argument in court that it is incorrect to classify 'vulgar content' as pornography.
According to a report in NDTV, his lawyer, Abad Ponda, said it was incorrect to apply Section 67A of the Information Technology Act on sending obscene material in electronic form with sections in the Indian Penal Code that deal with pornography, since the laws consider "actual intercourse" as "porn" and anything else is just 'vulgar content'.
"Police is following what web series are doing these days - vulgar content. But that's not really classified as porn. Nothing in this remand shows that two people actually indulged in act of intercourse. If it's not actual intercourse, it's not classified as porn," Mr Ponda said.
The lawyer further added that the arrest should be made only when the investigation cannot go ahead without it. “Police custody should be an exception and not a norm. Arrest should be made only when the investigation cannot move further without the arrest. In this case, the accused was made to join investigation once he was arrested,” he said.
Concluding it, the lawyer said that Raj Kundra's arrest wasn't made as per law. The businessman had sought anticipatory bail in the case.
Reportedly, Ripu Sudan Balkrishna Kundra alias Raj Kundra had sold the app in question to a UK-based company Kenrin Pvt Ltd which was owned by his brother-in-law Pradeep Bakshi. Kundra's Viaan Industries had a tie-up with London-based company Kenrin, which owns 'Hotshots' app, allegedly involved in publishing pornographic films, a senior police official said.
