Bombay HC says no urgent relief to Raj Kundra till prosecution is heard
Mumbai, Jul 27: The Bombay High Court on Tuesday said it cannot pass any order granting urgent relief to businessman Raj Kundra, arrested in a case of alleged production and distribution of pornographic films through apps, without first hearing the prosecution.
Justice A S Gadkari directed the police to file its affidavit by July 29 in response to a petition submitted by Kundra (45) challenging his arrest in the case.
Kundra, the husband of actor Shilpa Shetty, was arrested on July 19 by the Mumbai Police's crime branch in the porn films case filed in February this year. Post-arrest, he was sent in police custody by a city court.
On Tuesday, a magistrate's court remanded him in 14-day judicial custody. Kundra moved the magistrate's court for bail and his plea was kept for hearing on Wednesday.
Kundra's lawyers Aabad Ponda and Subhash Jadhav argued in the HC on Tuesday that the police failed to follow the procedure laid down in law and ought to have first issued a notice under section 41A of the CrPC instead of arresting him directly.
Public prosecutor Aruna Kamat Pai refuted the claim and said a notice was indeed issued to Kundra before he was placed under arrest.
The HC directed Pai to file an affidavit in response to the petition. Ponda then sought some interim relief for his client.
Justice Gadkari, however, refused and said it cannot grant any relief without giving a chance to the prosecution first to respond to the petition.
No ex-parte ad-interim relief, the court said.
Kundra, in his petition, has maintained his arrest and the subsequent order passed by the magistrate's court remanding him in police custody were illegal as no notice was issued to him.
As per section 41A of the CrPC, the police may, in cases where arrest is not warranted, issue summons to the accused person and record his or her statement.
Kundra, in his plea, has also said the material which the police claimed to be pornographic did not depict direct or 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".
After Kundra's arrest, the crime branch had described him as the "key conspirator" of the case.
He has been booked under Indian Penal Code Sections 420 (cheating), 34 (common intention), 292 and 293 (related to obscene and indecent advertisements and displays), and relevant sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.
The police have claimed to have found 51 obscene videos during searches at his office.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Bihar: Over 150 children fall ill after consuming 'mid-day meal' in Saharsa
Saharsa (PTI): More than 150 children were taken ill after allegedly consuming food that was part of the mid-day meal in a school in Bihar’s Saharsa district, a senior official said on Thursday.
The incident occurred at a middle school in Baluaha village of the district.
The official said that 115 children were undergoing treatment at the Sadar Hospital, while around 50 students were admitted to Mahishi Public Health Centre.
“We received information that several children fell ill after consuming the mid-day meal in Baluaha. The children were initially treated at the primary health centre, but later, many were referred to the Sadar Hospital,” Saharsa District Magistrate Deepesh Kumar told reporters.
“According to doctors, the health condition of the children has improved, but they will be kept under observation for some time. There is no need to panic. Some kids are having mild fever. They are being treated accordingly,” Kumar said.
Meanwhile, family members of some children claimed that a snake was found in the container in which cooked pulses was stored at the school.
Of the 545 students present in the school, 200 had already eaten their meals by the time the snake was spotted, and later complained of stomach ache and vomiting, they said.
Regarding the claims, the DM said food samples have been collected from the school.
“We will be able to comment on this only after the results of the tested samples arrive,” he said.
